Achilles' heels of governance: Critical capacity deficits and their role in governance failures

This article assesses the usefulness of conceptions of policy capacity for understanding policy and governance outcomes. In order to shed light on this issue, it revisits the concept of governance, derives a model of basic governance types and discusses their capacity pre‐requisites. A model of capacity is developed combining competences over three levels of activities with analysis of resource capabilities at each level. This analysis is then applied to the common modes of governance. While each mode requires all types of capacity if it is to match its theoretically optimal potential, most on‐the‐ground modes do not attain their highest potential. Moreover, each mode has a critical type of capacity which serves as its principle vulnerability; its “Achilles' heel.” Without high levels of the requisite capacity, the governance mode is unlikely to perform as expected. While some hybrid modes can serve to supplement or reinforce each other and bridge capacity gaps, other mixed forms may aggravate single mode issues. Switching between modes or adopting hybrid modes is, therefore, a non‐trivial issue in which considerations of capacity issues in general and Achilles' heel capacities in particular should be a central concern.     

Validation of thin layer chromatography with AccuTOF-DART™ detection for forensic drug analysis

Abstract: Thin layer chromatography (TLC) is a technique that is commonly employed in the forensic drug analysis of pharmaceutical preparations. Detection is typically accomplished using various visualization spray reagents. Conventional gas chromatography–mass spectrometry (GC‐MS) analysis is typically performed to confirm the TLC results. Depending on the drugs tested and the instrument conditions required, this confirmation can take up to an hour to complete. Direct analysis in real time (DART?) is an ionization source, coupled to an accurate‐mass time‐of‐flight mass spectrometer that has the capability to ionize materials under ambient conditions. To streamline analysis, the combination of TLC with DART? detection is proposed to screen and subsequently identify drug compounds, all from the same TLC plate. DART? confirmations of TLC analyses take <10 min to complete and compare favorably to GC‐MS in sensitivity and selectivity. This study validates the use of TLC‐DART in the forensic identification of the components of several pharmaceutical preparations.     

Globalization and the Choice of Governing Instruments: The Direct,Indirect, and Opportunity Effects of Internationalization

We propose to shed light on the effect of globalization on the choice of policy tools. Contrary to what is commonly believed, we find that the source of many of the changes in the patterns of instrument choice found in contemporary society lies in the domestic rather than the international arena. To the extent that global factors have had an effect, it is through what we term indirect and opportunity effects rather than direct ones. Further, we argue that traditional command and control instruments are not antithetical to globalization as is evident in their continued, and at times even increasing, use in a variety of settings. We conclude that what is important for policymakers is to ensure that their choice of instruments is consistent with traditional sectoral and national policy styles, with or without globalization.     

Public Managers as the Missing Variable in Policy Studies: An Empirical Investigation Using Canadian Data

The article draws on survey data from a 2007–09 study of Canadian policy analysts to assess several propositions concerning the role of public managers in policy‐making. It is argued that little is known and much taken for granted concerning the role public managers play in policy making. The discussion begins with a conceptual discussion of the nature of policy advice systems in modern governments and situates public managers among the range of actors who affect different stages of policy making activity. Propositions derived from this conceptual discussion are then subject to empirical analysis using a large‐n 2007–09 Canadian federal, provincial, and territorial dataset.     

The permanence of temporary services: The reliance of Canadian federal departments on policy and management consultants

The use of external consultants in government management and policy realms has drawn increasing attention in many countries including Canada. Studies were undertaken internationally in the 1990s and 2000s as legislatures and their accounting arms became concerned with the hidden costs of “corporatization” of the public service and tried to expand benchmarking measures for government efficiency to include external consultants. Accounting for these increases in expenditures on consultancy, however, remains a challenge given the state of governmental financial and personnel reporting. The data on which existing reports have been drawn are very weak. This article examines results using a new dataset compiled from Proactive Disclosure reports in order to help clarify the situation of policy and management consulting in Canada at the departmental level.     

Understanding the historical turn in the policy sciences: A critique of stochastic, narrative, path dependency and process-sequencing models of policy-making over time

This article evaluates four general models of historical change processes which have emerged in various fields in the social sciences – namely stochastic, historical narrative, path dependency and process sequencing – and their application to the study of public policy-making. The article sets out and assesses the merits and evidence for each, both in general social research and in the policy sciences. The article suggests that more work needs to be done examining the assumptions and presuppositions of each model before it can be concluded that any represents the general case in policy processes. However, since neither the irreversible linear reality assumed by narrative models, nor the random and chaotic world assumed by stochastic models, nor the contingent turning points and irreversible trajectories required of the path dependency model are found very often in policy-making, these models are likely to remain less significant than process-sequencing models in describing the overall general pattern of policy dynamics.     

Choice of law and the home-court advantage: evidence

This paper tests three separate hypotheses about inherent biasesin the application of modern choice of law rules: (1) Brilmayer's1980 hypothesis that such rules camouflage 'pro-resident, pro-forum-law,pro-recovery' biases, (2) Borchers's 1992 hypothesis that courtsdo not consistently apply the principles of the choice of lawrule they claim to be applying, and (3) an economic hypothesis,presented in the paper, that only a 'pro-forum-law' bias isunambiguously consistent with economic efficiency, simply becauseit conserves the resources of the court and bar in the forumstate. I find relatively strong support for the 'pro-recovery'bias of courts, weaker support for 'pro-forum-law' bias, andreject the 'pro-resident' bias. If anything, states retainingthe rigid choice of law rules are more likely to favor theirresidents. Moreover, I reject Borchers's claim that courts donot take the modern approaches seriously. Indeed, in general,they follow Borchers's own predictions.     

Designing policy resilience: lessons from the Affordable Care Act

Policy Sciences - Public policies are the products of political conflict, constituted by mixes of diverse tools and instruments intended to achieve multiple goals that may change over time and not...     

Governance modes,policy regimes and operational plans: A multi-level nested model of policy instrument choice and policy design

Policy goals and means exist at different levels of abstraction and application and policies can be seen to be comprised of a number of components or elements, not all of which are as amenable to (re)design as others. Defining and thinking about polices and policy-making in this way is very useful because it highlights how policy design is all about the effort to match goals and instruments both within and across categories. That is, successful policy design requires (1) that policy aims, objectives, and targets be coherent; (2) that implementation preferences, policy tools and tool calibrations should also be consistent; and (3) that policy aims and implementation preferences; policy objectives, and policy tools; and policy targets and tool calibrations, should also be congruent and convergent. Policy instrument choices can thus be seen to result from a nested or embedded relationship within a larger framework of established governance modes and policy regime logics. In this contextual model, the range of choices left at the level of concrete targeted policy instrument calibrations—the typical subject of policy tool analysis—is restricted by the kinds of decisions made about policy objectives and the appropriate tools to attain them, and both of these, in turn, by the kind of choices made at the highest level setting out general policy aims and implementation preferences.