Benefit estimation goes to court: The case of natural resource damage assessments

This article evaluates the feasibility of performing natural resource damage assessments under the current Superfund legislation. Using the analyses developed for two recent cases, it explains the sources of the substantial divergences between plaintiffs' and defendants' estimates of these damages. Three factors explain the differences in damage estimates: (1) the time horizon used and treatment of capitalization effects of past damages; (2) the extent of the market assumed in estimating the effects of a release of hazardous wastes on the demand for the affected natural resource; and (3) the character and availability of substitutes for the resource involved.     

Promoting small business through public-sector technology transfer

It is generally concluded that small businesses are the most effective institutional mechanism for the execution of technological innovation in the United States. Federal legislation provides for special considerations to be rendered to small businesses when public-sector technology is to be transferred to the private sector. Nevertheless, the activities of many federal laboratories lag in the transfer of technology to small businesses relative to large businesses. This paper examines the reasons for the current low level of interaction between federal laboratories and small businesses including the constraints typically encountered in working with small businesses. Recommendations are made to enhance the lab/small-business relationship. Finally, a sample program at Sandia National Laboratory for assistance to small businesses is described.     

Coercive versus cooperative policies: Comparing intergovernmental mandate performance

Cooperative policies hold out promise of an improvement over coercive mandates as ways to enhance implementation of intergovernmental programs. By treating subordinate governments as regulatory trustees and emphasizing substantive compliance, the cooperative mandates avoid the onerous aspects of heavy-handed regulatory federalism. Our comparison of state hazard-mitigation policy in Florida and in New South Wales, Australia addresses procedural and substantive compliance under the two forms of intergovernmental policies. When local governments are not committed to state policy objectives, the coercive policy produces better results as evidenced by higher rates of procedural compliance and greater effort by local governments to achieve policy objectives. When local government commitment exists, the cooperative policy produces substantive results that are at least the equivalent to the coercive policy. Moreover, over the long run cooperative policies may have greater promise in sustaining local government commitment. The dilemma is to figure out how to motivate lagging jurisdictions that seem to require a coercive policy, while not straightjacketing leading jurisdictions that are capable of thriving under a cooperative regime.     

Abusive Pediatric Thoracolumbar Fracture Due to Forced Hyperextension: Case Report,Biomechanical Considerations,and Review of the Literature

Pediatric thoracolumbar fractures are rare due to the physiological differences which afford greater resilience to the immature spine. Most pediatric thoracolumbar fractures occur as the result of high energy trauma, such as motor vehicle accidents, and modes of reasonable accidental injuries are limited by age and developmental capabilities of the child. These fractures can occur as the result of inflicted blunt force trauma and child abuse, and in most cases, the mechanism of injury to the spine is not known. We report the death of a 29-month-old man due to blunt force trauma to the back and forced hyperextension of the thoracolumbar spine causing fracture of the fourth lumbar (L4) vertebral body. A complete forensic examination revealed a previous healing fracture of the anterior aspect of the L4 vertebral body, with acute disruption of the anterior longitudinal ligament overlying the fracture site, complete fracture of the vertebral body, and fatal retroperitoneal hemorrhage. We present a review of the biomechanical considerations of the pediatric spine, a survey of pediatric spinal fractures, and a review of the literature on pediatric abusive thoracolumbar fractures. In this case, there was never a provided explanation for how the injury occurred; however, understanding the biomechanics of the pediatric spine allowed for the determination of the mechanism, force required to produce this specific pattern of abusive spinal injury, and the manner of death.     

Municipalities’ Choices of Service Delivery Modes: The Influence of Service,Political, Governance,and Financial Characteristics

This study investigates the influence of service, political, governance, and financial characteristics on municipalities’ choices of four service delivery modes (in-house, inter-municipal cooperation, municipality-owned firm, and private firm) in the Dutch local government setting. The results show that as a service involves more asset specificity and more measurement difficulty, the likelihood that municipalities contract this service out is lower. Also, although some differences in preferences are found between boards of aldermen and municipal councils, for both political bodies a more right-wing political orientation is shown to be positively related to privatization of services. Furthermore, contracting out is also shown to be related to the governance model of municipalities, as services of municipalities that (in general) put relatively less emphasis on input, process, and output performance indicators, and more on outcome performance indicators, are more likely to be privatized. Finally, the results also show that services of municipalities that have a better financial position are less likely to be contracted out to a private firm.     

Government co-option of civil society: exploring the AKP’s role within Turkish women’s CSOs

Mainstream academic and policy literature emphasizes the nexus between an active and vibrant civil society sector and greater political accountability. As a result, support for civil society has become central to international policy efforts to strengthen democracy in the Middle East North Africa (MENA) region. However, the empirical evidence presented in this article questions the validity of this assumption. Drawing on information gathered through 38 in-depth qualitative interviews with women’s organizations from across the seven administrative regions of Turkey, and key representatives from the ruling Justice and Development Party (AKP), this article analyses the role of the AKP government in co-opting and influencing women’s organizations in Turkey. The results that emerge demonstrate that the government is actively involved in fashioning a civil society sector that advances their interests and consolidates their power. Independent women’s organizations report that they are becoming increasingly excluded from policy and legislative discussions, as seemingly civic organizations are supported and often created by the government to replace them. These organizations function to disseminate government ideas in society and to provide a cloak of democratic legitimacy to policy decisions. These findings and their implications have significant consequences for theory and policy on civil society and its role in supporting democracy.     

Being Underway,Not in Delay,on Climate Change-Related Disclosure

Confusion among companies over what is adequate in environmental disclosure, in general, sets an unfortunate stage for contemplating the newer matter of climate change-related disclosure. Companies waiting for new legislative and regulatory outcomes before contending with climate change disclosure, however, are in exposed and inadvisable delay on the matter. Existing regulations and standards pertain and instruct, if indirectly, on what is to be disclosed and accrued, and when. Their requirements, the possibility of enforcement actions, and recent evidence of costly consequences to former executives from improper environmental financial disclosure reinforce corporate management's need for disclosure diligence, including on climate change. The future is here.