The ordinary and the extraordinary in institutional litigation

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.     

North American first peoples: slipping up into market citizenship?

This article explores the nature of Aboriginal demands for a citizenship regime grounded in a substantive recognition of cultural difference and inherent rights in Mexico and Canada. It provides an overview of the different evolution of Aboriginal citizenship in each country but focuses on two recent development projects, the Puebla Panama Plan in Mexico and the Mackenzie Valley pipeline in Canada. These cases demonstrate the ways in which neo‐liberal globalism is reshaping the substantive recognition of Aboriginal cultural difference and inherent rights. While contemporary neo‐liberal rhetoric recognizes cultural difference, the models of development employed effectively separate territory from the ideas of self‐government, culture and identity. The article concludes that the neo‐liberal turn in the construction of Aboriginal citizenship undercuts potentially much richer conceptions of Indigenous citizenship offered by the First Peoples of North America.     

Gender differences in European volunteer rates

The main goal of this research is to identify the reasons for gender differences in European volunteer rates in different types of voluntary organisations. To that end, we focus in volunteer rates at individual and national levels. We have drawn our data from the European Values Survey (EVS, 1999 and 2008). We have employed Logit models carrying out independent estimations for the individual likelihood of working as a volunteer for four categories: social awareness, professional, education and social justice. We have carried out independent estimations and we have also repeated estimations by gender subsamples. Our main result is that social factors might be even more relevant for decisions to volunteer than individual socio-economic factors. Specifying the peer group as much as possible allows better control of social variables. For example, studying the female volunteer rate is more relevant to control for the female national NGO membership rate than the total national rate. We also highlight important gender differences. For example, education is positively correlated with decisions to volunteer for both genders in all categories, but the educational effect is stronger for men in relation to professional activities and stronger for women in relation to social awareness and social justice activities.     

Evaluating local government performance in times of crisis

In recent years, Spanish local governments have come under increasing pressure to accommodate severe economic restrictions while maintaining their provision of local public services. We analyse overall cost efficiency in Spanish local governments during the period of the economic crisis (2008–2013), under four different non-parametric methodologies. Moreover, given how problematic it is to precisely define what municipalities do, we compare three different output models with various measures of quantity as well as quality. Results suggest that Spanish local government efficiency improved over the period 2008–2013 since budget expenditures (inputs) fell while local public services and facilities (outputs) were maintained. We also find evidence of the possible implications of service quality when measuring municipalities’ efficiency, and of structural differences in the average efficiency between municipalities located in different Spanish regions. Finally, our results confirm that the level and variation of efficiency scores are affected by the approach taken.     

Measuring and managing ‘state fragility’: the production of statistics by the World Bank,Timor-Leste and the g7+

Indicators are currently being widely used in international policy making to substantiate analyses and justify decisions on the basis of their alleged scientific objectivity. This article analyses the role of indicators and statistics in the labelling and managing of ‘fragile states’, examining the powerful consequences of these classifications but also discussing the untraceable nature of numbers and the difficulties in attributing ownership of numerical claims and assigning responsibility for their many unforeseen impacts. Focusing on the education sector in Timor-Leste and on the World Bank’s Country Policy and Institutional Assessment (cpia) programme, the article shows how accountability and ownership are negotiated within the context of the g7+ group of self-labelled ‘fragile states’, encouraging an examination of the power relations involved.     

Efficiency Measurement in Spanish Local Government: The Case of Municipal Water Services

In this work, we established a procedure for evaluation of the efficiency of the water supply. This procedure has allowed us to find that the proposed indicators have a discriminating capability in the analysis of the service, and to reject criticisms traditionally assigned to the sensitivity of the data envelopment analysis (DEA) technique in relation to degrees of freedom. The results obtained show that the population density, as a factor that defines one of the particular characteristics of the surroundings of each municipality, has a statistically significant impact on the indexes of efficiency, this affirmation not being extended to the public or private ownership of the service. The scale inefficiency is higher than the technical inefficiency. These typologies of efficiency are, principally, motivated by the supply side of the service, which is specially linked with the necessary infrastructure. The demand of the citizens is satisfied with a behavior close to optimal.