Supreme Court to Hear Landmark Case on Climate Change Emissions: Judgment Day Comes in Global Warming Litigation

The Supreme Court has historically been reluctant to involve itself in environmental matters, especially those relating to the regulation of releases or emissions of harmful substances. The court has typically been content to allow the legislative branch to fashion appropriate regulations to address environmental issues and for the executive branch to enforce those regulations. The acceptance of certiorari in the Second Circuit's Connecticut v. AEP case was a surprise because it not only involves environmental regulation, but also the common law applicable to public nuisance actions seeking redress for climate change damage allegedly caused by emissions of greenhouse gases (GHGs). The AEP case is shaping up to be a blockbuster in the climate change debate in the United States, and the decision could have broad repercussions in not only future litigation involving climate change, but also GHG legislation and the insurance available to address damage due to weather-related events.     

Child Welfare's Iron Cage: Managing Performance in New Zealand's Child Welfare Agency

The purpose of this article is to explain the performance management practice in use within one of New Zealand's public service agencies—Child, Youth and Family Services. These practices are described with reference to New Zealand's formal model of public sector management and the professional social work model understood by the majority of the agency's staff. The article draws on recent research into performance management practices in nine of New Zealand's public service agencies that included Child, Youth and Family Services. This involved a number of semi-structured interviews with managers and staff from the national, regional, and local levels of each agency together with a review of relevant documentation.

It is argued that performance management practices exist on a continuum representing the “rationality of control” which extends from a regulative control model of rules and fixed targets to one that is more reliant on shared understandings, learning, and flexible targets. It is further suggested that the institutional structures underlying this continuum determines the extent to which performance management practices within individual agencies are loosely coupled with those used for purposes of external accountability.

The article highlights the tension that exists in an organization that encompasses the substantive logic of “a values-based profession” (Ronnau, 2001 Ronnau, J. P. 2001. “Values and ethics for family-centered practice”. In Balancing family-centered services and child well-being: Exploring issues in policy, practice theory, and research, Edited by: Walton, E., Sandau-Beckler, P. and Mannes, M. 34–54. New York: Columbia University Press.  [Google Scholar]) but which is bound by the formal, instrumental rationality implicit in its system of external accountability that, it has been claimed, “reduces a complex reality to something simplistic and one dimensional” (Tilbury, 2004 Tilbury, C. 2004. The influence of performance measurement on child welfare policy and practice. British Journal of Social Work, 34: 225–241. [Crossref], [Web of Science ®] , [Google Scholar]). It, therefore, argues that the formal model of performance measurement and management of the public service should encompass the broader information and rationality used by managers within public service agencies.     

Whānau Ora and the Collaborative Turn

In the context of the ongoing evolution of the field of public management, this article first explores the two interlinked concepts of collaboration and accountability. It suggests that these are understood and applied in a number of different ways. Using research and semistructured interviews with a number of government officials and nongovernment service providers, the article then explains how these approaches are reflected in a current New Zealand initiative of devolved governance—Whānau Ora. The different, and at times conflicting, perspectives of New Zealand’s formal model of public sector management and that of traditional Māori culture are explained.     

Introduction

ABSTRACT

Many externally motivated public sector reforms produce less change than expected. This article argues that we should expect limited reform results in respect of certain organizational attributes. Applying institutional theory on isomorphism, the argument is simply that reforms are harder where they influence organizational characteristics that (i) are difficult to observe externally, (ii) are core to the organization, and (iii) involve actors with whom the externally defined change agenda is unlikely to resonate normatively. These arguments are tested in an analysis of Public Financial Management (PFM) reform in Africa, where evidence is supportive. The article contributes to public management literature, and comparative studies in particular, by applying a well-suited theory to the study of public sector change. The approach and findings should be of particular interest to the development community, shedding light on why reforms routinely underperform—in PFM and beyond, extending to topics like externally driven nation building.     

Wiping the Slate Clean: Reforming Scots Law's Approach to Evidence of the Accused's Bad Character

This paper discusses the Scottish Law Commission (SLC)'s Report on Similar Fact Evidence and the Moorov Doctrine, which proposes revolutionary changes to the way in which Scots law deals with evidence of the accused's bad character, including his previous convictions. The article sets these proposals in context by explaining the existing Scots law, and comparing it to the English provisions on bad character evidence contained in the Criminal Justice Act 2003. This comparison reveals similarities between the responses of the two jurisdictions. It is remarkable that the SLC did not consider English law to be a viable model for reform, choosing instead to propose legislation which would simply deem certain pieces of bad character evidence relevant in criminal trials. The second part of the paper explains why these proposals should not be implemented.     

Trauma and Posttraumatic Stress Disorder Among Substance-Using Women Entering Cook County Jail

In the United States, the number of incarcerated women continues to rise each year, with African American women having the highest incarceration rates. Many women enter prisons and jails with an extensive trauma history, though little is known about the percentage of these individuals suffering from posttraumatic stress disorder (PTSD) and specific trauma exposures they have had based on factors such as homelessness, degree of substance problems, and race. The present study examines a largely African American substance-using population of incarcerated women to determine the impact of various factors on specific traumas reported. We found that individuals reporting symptoms meeting criteria for PTSD had experienced the highest average number of traumas, and those who had ever been homeless also experienced many and varied trauma exposures compared with those who had never been homeless. Higher substance problems were also associated with more trauma exposure. Fewer than 10 percent of the sample met full criteria for PTSD, though those reporting having ever been homeless and those with higher substance problems were significantly more likely to meet all criteria. Results indicate a need to assess previous homelessness as a method for identifying additional trauma exposures and guiding treatment to women's specific needs and trauma profiles.     

The Mutual Obligation Policy in Australia: The rhetoric and reasoning of recent social security policy

Since 1997, the Australian Federal Liberal Government has introduced policies which have sought to reduce rates of unemployment, particularly long-term unemployment. The policy, known as Mutual Obligation, increased the expectations on unemployed people in return for their social security payment. At the same time, previous labour market programmes and government assistance schemes were scrapped or privatised. This article explores the justification of the term 'Mutual Obligation' by examining both the language and the underlying principles of the policy. By defining the problem of unemployment in terms of flaws in the previous social security system, the stage is set for the government to introduce policies which remedy those flaws by emphasising self- reliance in favour of government assistance. Further, by invoking notions of fairness and mutuality, the article argues that the term 'Mutual Obligation' masks both the extent and the strength of the obligations imposed on unemployed people.     

Understanding Urban Governmental Structures: An Analysis Controlling for the Influence of State Law

The question of what leads to the adoption of particular urbangovernmental structures has not been fully answered. Researchon this question has neglected the importance of state influences.This article examines the impact of several independent variableson urban structure, but unlike previous research, state influenceis controlled. The age of a city emerges as a major explanatoryvariable. This is important because age may encompass "sharedexperiences" with governmental structures resulting from statemandates pertaining to non-home-rule cities. State requirementspertaining to non-home-rule cities seem to predispose citiestoward certain structural arrangements even after they gainhome rule status.