American Politics Commons^™

A Quantum Congress, Jorge R. Roig

Jorge R Roig

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …

Justice Stewart Meets The Press, Keith Bybee

Keith J. Bybee

Among the Supreme Court Justices who have articulated distinctive views of free expression, Justice Potter Stewart alone placed particular emphasis on the First Amendment's protection of a free press. Drawing upon the lessons of history, the plain language of the Constitution, the political events of his day, and his own personal experience, Stewart argued that the organized news media should be considered an essential part of the checks-and-balances competition between the legislative, executive, and judicial branches of the federal government. Stewart’s emphasis on the special structural function of the established press placed him at odds with most of his colleagues …

The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee

Keith J. Bybee

What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan

Donald J. Kochan

This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …

What Is A "Constitutional Conservative" Anyway?, Brian Glenn

Brian J. Glenn

No abstract provided.

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.

Identity Crisis: Searching For Personal Responsibility, Justice, And Community In The Real Estate Market Crash, Thomas Bryer

Thomas A Bryer

The author introduces the reader to his own and, to a different extent, society’s identity crisis in the context of the real estate market crash. Through personal reflection and analysis of federal policies, four challenges are observed: (1) lack of community focus, (2) neglect of certain populations, (3) unambiguous devotion to encouraging personal responsibility, and (4) no clear statement of moral commitment. Policy and institutional changes are suggested to better address these challenges.

Public Participation In Regulatory Decision-Making: Cases From Regulations.Gov, Thomas Bryer

Thomas A Bryer

Regulations.gov is an award winning government website that has democratized the rulemaking process by making it easier for citizens to search, read, and comment on proposed rules advanced by federal agencies. Submitted comments from three cases are analyzed; cases come from the Department of Health and Human Services, Environmental Protection Agency, and National Oceanic and Atmospheric Administration. The issues in each are classified as low salience/high complexity, high salience/high complexity, and high salience/low complexity, respectively. Quality of comments submitted is analyzed across cases. It is suggested in conclusion that if costs are not accepted to better prepare citizens to be …

Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz

David A Schultz

Assertions of presidential supremacy and power in affairs often invoke history, including events during the administration of George Washington, to defend their assertions. This article raises some questions regarding what we can learn from history for constitutional argument. It concedes generally that historical facts can support or buttress constitution argument, but more specifically it contends that acts undertaken by George Washington are problematic assertions for presidential power, especially those that assert “supremacist” or broad if not exclusive claims for presidential foreign policy authority. To do that, this article first describes how history is employed as constitutional argument for presidential power. …

Privatization As A Strategy In The United Kingdom, United States, And Beyond,”, Brian J. Glenn

Brian J. Glenn

No abstract provided.

Linking Students With Community In Collaborative Governance: A Report On A Service Learning Class, Thomas A. Bryer

Thomas A Bryer

Collaborative governance is increasingly becoming a topic for scholarly research, practitioner skill development, and a component of graduate programs in public administration. This article documents a service learning project in a graduate level Masters in Public Administration class on cross-sector governance. The article begins with a brief review of literature on university-community relations and, specifically, the civic mission of institutions of higher education and the role of service learning in public administration programs. The teaching case is then introduced, with the full context and detail explained. Lessons are offered for replicating this kind of class. An analysis of the success …

Costs Of Democratization, Thomas Bryer

Thomas A Bryer

Link to PowerPoint recorded video.

President Obama, Public Participation, And An Agenda For Research And Experimentation, Thomas Bryer

Thomas A Bryer

The Obama Administration has offered citizens and onlookers from other nations a host of innovative efforts to make the United States federal government more open, participatory, and collaborative. In this issue of the International Journal of Public Participation, a set of invited authors consider the varying levels of success of this work demonstrated thus far and raise important research and practical questions for the Administration and others who might learn from the Administration’s experiences. In this introduction, some of these questions are reviewed and notable practices are summarized. Ultimately, it is concluded that, though the Administration is still young, there …

Conservatism And American Political Development, Brian Glenn

Brian J. Glenn

No abstract provided.

Public Engagement In The Obama Administration: Building A Democracy Bubble?, Thomas Bryer

Thomas A Bryer

Following the Bush Administration, the Obama team enhanced access for citizens to participatory venues. Extending and enhancing access gives citizens opportunity to develop their citizenship skills, potentially influence policy, and potentially become better connected to community life. The Administration can be applauded for participatory innovations, but the Administration needs to proceed strategically to ensure the innovations do not produce more harm than good and to ensure that the real change they are producing is not whisked away in the next Administration as rapidly as an information cascade infects the citizenry. This article develops the idea of a democracy bubble as …

Living Democracy In Theory And Practice: Getting Dirty In A Local Government Incorporation Process, Thomas Bryer

Thomas A Bryer

Poinciana, Florida is a growing community in Central Florida. The master homeowners association contracted for an incorporation feasibility study to determine whether Poinciana could survive as a city. This article describes the public participation process designed and implemented as part of the feasibility study and articulates the goals, principles, and venues of the design, the challenges or barriers confronted, and suggestions for revisions to statutory guidelines for incorporation are described with the purpose of moving towards the institutionalization of public participation as a cultural norm.

Review Of Timothy J. Sullivan. New York State And The Rise Of Modern Conservatism: Redrawing Party Lines. (State University Of New York Press, 2008), Brian Glenn

Brian J. Glenn

No abstract provided.

Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan

Donald J. Kochan

Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis …

The Mirror Effect, The Law Of Attraction, And "Points Of Attraction" That Can Nurture The Evolution Of Human Consciousness, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

This message has several purposes. First, I want to express my immense joy that Chip Baggett and I are serving as Co-Presidents of AHP since August 16, 2009. In my view, Chip and I are long-time friends, who have a transcendent connection and synergistic energies. My desire and intent is for our co-presidency to mirror the effect(s) of synergistic collaboration as a “point of attraction” that can assist in the evolution of human consciousness across often “perceived personal and societal boundaries” (e.g., race, culture, ethnicity, class, individual and collective belief systems, and dogma). More generally, however, this message is intended …

Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us …

Conservatism And American Political Development, Brian Glenn, Steve Teles

Brian J. Glenn

No abstract provided.

Explaining Responsiveness In Collaboration: Administrator And Citizen Role Perceptions, Thomas Bryer

Thomas A Bryer

Between 2003 and 2006, researchers facilitated a collaborative learning process with representatives of Los Angeles neighborhood councils and officials from city agencies. In two cases, each involving a large city agency, the quality of responsiveness on the part of agency officials to participating citizens was substantially different. This study considers the reasons why agency officials differed in their responsiveness. Using an inductive qualitative and quantitative content analysis across three sources of data, the study develops theory pertaining to bureaucratic responsiveness to citizens in collaborative processes. Specifically, the case findings are generalized to theory through seven propositions for future study. The …

Remapping A Nation Without States: Personalized Full Representation For California’S 21st Century, Mark Paul, Micah Weinberg

Mark Paul

California is a state of many distinct regions. To give citizens a voice on regional issues and to reinvigorate California’s Legislature, the state’s central institution of self-government, we propose Personalized Full Representation for the 21st Century (PFR21), a system of representation by means of regionally based legislative elections that will allow the state’s citizens to set the agenda for their regions and for the state as a whole. By reshaping the stage on which legisla- tive politics is played out, California can make state govern- ment more attentive to regional issues and give its citizens a means of holding elected …

Developing A Young Professionals Network For The Arts, Thomas Bryer, Kristin Stewart

Thomas A Bryer

The Young Professionals Network for the Arts simulation is an exercise that allows students to think through the process of creating a network from the ground up. The structure of the class session that includes the simulation consists of a lecture on the readings and an 8-Step network building process, followed by the simulation.

Challenges In Enhancing Responsiveness In Neighborhood Governance, Thomas Bryer, Terry Cooper

Thomas A Bryer

When numerous stakeholders, constituencies, and service requests are competing for limited city agency resources, administrators need to decide to whom and how to be responsive. A review of literature on bureaucratic responsiveness suggests five possible determining factors for agencies facing conflicting demands: (a) organizational culture, (b) organizational leadership, (c) organizational rules and structure, (d) dependency on a stakeholder making a demand, and (e) the extent of external control placed on the agency. Based on an action research study of City of Los Angeles neighborhood councils and departments, this article suggests areas for future research on these and other possible influences …

William Robertson: Exemplar Of Politics And Public Management Rightly Understood, Terry Cooper, Thomas Bryer

Thomas A Bryer

William Robertson, director of the City of Los Angeles' Bureau of Street Services, is profiled here as an exemplary public administrator. The authors suggest that Robertson practices politics appropriately in his role in order to achieve great outcomes for his bureau, the citizens with whom he works, and the city as a whole. To adequately define the ways in which Robertson uses politics, Sherry Arnstein's "ladder of participation" is reconceptualized as a circle of participation in which Robertson uses multiple strategies of interaction with citizens, elected officials, employees, and peers. Lessons for public administrators are offered based on Robertson's example.

Toward A Relevant Agenda For A Responsive Public Administration, Thomas Bryer

Thomas A Bryer

The relevance of the concept "bureaucratic responsiveness" has been questioned in recent years. One reason for the questioned relevance is the apparent environmental changes that are occurring in public administration. Globalization and devolution have infiltrated the halls of bureaucracies. Public agencies are being asked to collaborate with actors in other sectors of society, including, and especially, citizens and citizen associations. In addition to these environmental changes, administrators are being confronted with potentially competing ethical obligations that make decisions regarding responsiveness challenging. This article uses these evolving environments and competing ethical obligations to formulate a set of six variants of bureaucratic …