A Mediator's Dilemma: Acknowledging or Disregarding Stance Displays

Mediators must strike a balance. On the one hand, they must direct participants' talk toward possible agreement. On the other hand, they must be sensitive and responsive to participants' evident stance (including affect and point of view) toward what is happening. In a case study of a videotaped, actual small claims court mediation session, several moments in which these competing constraints appear evident in the talk are analyzed. One participant (the landlord in a housing dispute) provides repeated indicators of his stance. The mediator disregards several of these. Finally, in a private caucus session, he acknowledges the landlord's stance. Understanding how talk works in such moments can help mediators respond sensitively to participants while maintaining impartiality and guiding the mediation process.     

The Duty to Take Care: President Obama,Public Administration,and the Capacity to Govern

President Barack Obama inherited many challenges as he entered the White House. One of the most important obligations he faced was the constitutional duty to “take care that the laws be faithfully executed.” Meeting that commitment has been rendered more difficult because Obama seems not to have recognized that the people and organizations of the executive branch are facing a crisis in the capacity to govern. This essay argues that no matter how talented President Obama may be in public policy or on the stump, he likely will not accomplish his constitutional duty unless he engages that capacity crisis.     

Can Trade Green China? Participation in the global economy and the environmental performance of Chinese firms

How does participation in the global economy influence the pollution management practices of firms in a developing country? Research on trade and the environment leads one to anticipate that integration into the international economy should enhance domestic firm environmental behavior. Integration facilitates access to cleaner technology, exposes domestic firms to global norms of corporate environmentalism, and compels developing country firms to meet trading partners' environmental standards or risk losing market access. This article tests these propositions by exploring the environmental compliance of internationally oriented firms in China—a country whose rapid economic expansion and increasingly prominent role as a foreign investor have considerable implications for protection of the global environment. It finds that there is only modest market-induced enhancement of environmental performance among Chinese companies. In terms of their compliance with environmental law, Chinese firms with connections to the global economy are either no better than domestically oriented companies or, in the case of firms that export heavily, are worse.     

Jurisgenerative role of auditors in transnational labor governance

This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries’ jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.     

A visualization approach to prioritizing insurance claims from complex,multi-PRP Superfund sites

Abstract

The severity of environmental insurance claims related to large multi-PRP Superfund sites has grown over the last 30?years. When an insured files a Superfund-related claim, allocated costs to the insured are typically unknown. Assessing the insured’s likely share of future cleanup costs is challenging. This article proposes a simple approach that allows claims professionals to visualize where their insured stands relative to other PRPs' potential allocation of cleanup costs. The resulting color-coded “heat map” allows claims professionals to easily assess and prioritize potential insured losses. It also provides a starting point for settlement negotiations, thus reducing frictional costs.     

The Menzies Government,the American Alliance and the Cuban Missile Crisis

This paper questions the traditional view of the Australian‐American relationship: that Australian dependency entailed unequivocal support for American foreign policy. It uses a particular Cold War event — the Cuban Missile Crisis — to examine the extent to which the reaction of the Australian government conformed to the general perception of immediate and absolute endorsement of the Kennedy administration's position. The paper will argue that the actual response of the Menzies government, as distinct from its public pronouncements, was constrained rather than unconditional, considered rather than reflexive, and shaped by strategic calculations of Australian interests.     

Katherine Tonkiss,Migration and Identity in a Post-National World

Theories of Local Economic Development. Edited by Richard D. Bingham and Robert Meir. Newbury Park CA, Sage, 1993. Pp. 319. £20.50 pb.

Policy and Change. Edited by Randall Smith and Jane Raistrick. Saus Publications. 1994, Pp.442, £14.95 pb.

Economic Development Work Book ‐ Briefings on Key Economic Development Topics. National Development Project, Employment Department. Researched and Produced by Mersyside TEC and West London TEC, and edited by Andrew Coulson and Paul Lovejoy, 1994. Pp.220. £58.75 (£35.25 for TECs). Available from Nicholas Johnson, West London TEC, Sovereign Court, 15–21 Staines Road, Hounslow, Middlesex, TW3 3HA. Tel. 0181–577–1010. Fax 0181–570–9969)

Resolving Conflict: Strategies for Local Government. Edited by Margaret S. Herrman. International City Management Association (P.O. Box 2011, Annapolis Junction, MD 20701, USA), 1994. $29.95.

Local Government in the United Kingdom. By David Wilson and Chris Game (with Steve Leach and Gerry Stoker). Macmillan, 1994. Pp.377. £12.99 pb.

International Handbook of Local and Regional Government: A Comparative Analysis of Advanced Democracies. By Alan Norton. Aldershot, Hants: Edward Elgar, 1994. Pp.559 + xx. £85.00 hb.

Management Innovations in Urban Policy: Lessons from France. By Patrick Le Gales and John Mawson. Local Government Management Board, 1994. Pp.123. Free.

Urban Policy in Britain: The City, the State and the Market. By Rob Atkinson and Graham Moon. Macmillan, 1994. Pp.306. £35.00 hb, £11.99 pb.

Healthy Cities: Research and Practice. Edited by John K. Davies and Michael P. Kelly. Routledge, 1993. Pp.188. £35.00 Hb, £11.99 pb.

Normality is Hard Work—Trade Unions and the Politics of Community Care. By Mick Carpenter. London, Lawrence and Wishart, 1994 (published in association with UNISON). Pp.162. £14.99 pb.

Local Government in Britain (Sixth Edition). By TONY BYRNE. Penguin Books, 1994. Pp.665. £10.00 pb.

The Size and Efficiency Debate: Public Library Authorities in a Time of Change (British Library R &; D Report 6143). By Arthur Midwinter and Murray McVicar. Library Association Publishing Limited, 1994. Pp.106. £25.00. (Available from Bookpoint Limited, 39 Milton Park, Abingdon, Oxon OX14 4TD.)

Managing Your City or Town: A Reference Guide for the New Public Official. By Kenton G. Griffin. University Press of America, 1994. Pp.282 including appendices. $57.50 hb, $36.50 pb.

Community Profiling: Auditing Social Needs. By Murray Hawtin, Geraint Hughes and Janie Percy‐Smith. Open University Press, 1994. Pp.194. £12.00 pb.

Management of Quality in Local Government. Edited by Ian Sanderson. Longman, 1992. Pp.180. £21.00 hb.

Competing for Quality: A Manager's Guide to Market Testing. By Lynton Barker. Longman, 1993. Pp.217. £35.00 pb.

The Valuation of Changes in Quality in the Public Services: A Report prepared for HM Treasury by Brunei University. By Martin Cave and Others. HMSO, 1994. £19.00.

Research in Public Administration: Reflections on Theory and Practice. Edited by Jay D. White and Guy B. Adams. Sage, 1994. Pp.280. £26.95 hb, £12.95 pb.

Gender Audit 1994. Engender, Scotland. Pp.81, A4 loose‐leaf format. £7.00 (individuals), £15 (institutions).(Available from Scottish Women's Aid, Edinburgh)

Cassell Multilingual Dictionary of Local Government and Business. Edited by Clive Leo McNeir. Cassell, London, 1993. Pp.xv + 222. £50.

A la Recherche du ‘local’. Edited by Albert Mabileau. Paris, L'Harmattan, 1993. Pp.232.

Le système local en France (2nd edition). By Albert Mabileau. Paris, Monchrestien, 1994. Pp.157. FF60.

Gouvernement local et politique urbaines: Actes du colloque international, Grenoble, 2–3 février 1993, Edited by Sylvie Biarez and Jean‐Yves Nevers. Cerat, Paris, 1993. Pp.557.

Ombudsmen in the Public Sector. By Mary Seneviratne. Open University Press, 1994. Pp.148. £15.23 pb, £40.00 hb.

The New American Political (Dis)order. By Robert A. Dahl et al. Institute of Governmental Studies Press, University of California, Berkeley, 1994. Pp.xii + 102. $10.95.

Entwicklungschancen deutscher Stadte ‐ Die Folgen der Vereinigung. D. Henckel, B. Grabow, B. Hollbach, Hartmut Usbeck, Heinz Niemann. Kohlhammer, Stuttgart, Berlin, Cologne/Deutsche Ver‐meinde Verlag, 1993. Pp.567. DM78.

French Politics Today. By Peter Morris. Manchester University Press, 1994. Pp.182. £29.99 hb, £8.99 pb.

Lobbying in the European Community. Edited by Sonia Mazey and J. Richardson. Oxford University Press, 1993. Pp.263. £30.00.

Single Market to Social Europe: European Community in the 1990s. By M. Wise and R. Gibb. Longman, 1993. Pp.356. £13.99.     

Evaluating the potential of Protestant Christianity to stimulate democracy and good governance in sub-Saharan Africa through the valuing of the individual

ABSTRACT

The global distribution of Christians is expected to change by 2050, with the largest proportion of Christians – more than a billion – residing in sub-Saharan Africa. Historical and empirical studies have argued for a positive relationship between the proportion of Christians – Protestants in particular – and the development of liberal democracy. A key explanation for this positive influence is cultural, namely the valuing of the individual. Could the growth in Christianity have the potential to influence democratic development and good governance in the sub-Saharan region? To test our hypotheses – (1) sub-Saharan states with proportionally larger Protestant populations are more likely to have higher levels of democracy and good governance, and (2) sub-Saharan states with growing Protestant populations are more likely to have increasing levels of democracy and good governance – we employ a longitudinal and cross-sectional study (a panel of data) using data from the World Christian Database, Polity IV and the International Country Risk Guide. Our data show that the population share of Protestants is positively related with both levels of and growth in democracy and good governance. With the spread of Protestantism we could expect the future improvement of democracy and governance in the region.     

Combating Asymmetric Threats: The Interplay of Offense and Defense

The overarching objective of this analysis is to examine the ways and means by which the United States could take the asymmetric battle-space and win against the ever-changing array of threats posed by nation-states and non-state actors. Today's security challenges are predominantly hybrids: offense and defense; symmetric and asymmetric; synchronous and asynchronous; regular and irregular; geographically-focused and globally-ubiquitous. This reality requires multi-dimensional thinking, nuanced approaches, and nimble, decisive execution guided by a new strategic paradigm. Fighting on the enemy's terms, scoring short-term wins at unjustifiably high costs in lives, treasure and lost opportunities is simply unacceptable.