Public Policy Commons^™

Rising From Katrina’S Ashes But Still In Crisis: Public Defense In New Orleans, Derwyn Bunton

New England Journal of Public Policy

New Orleans’ nickname “Big Easy” was based on the “anything goes” perception of the city. Feeding this perception was a sense of lawlessness, that New Orleans was a place where the rules changed depending on who you were and who you knew. So when Hurricane Katrina hit the city in August 2005 and tossed everything around—flooding mansions and missions, damaging the Superdome and supermarkets—the storm challenged old perceptions and presented unique challenges. Katrina made at least one thing clear: New Orleans could no longer wait for change, pretend nothing happened, or look back. The city’s survival depended on its ability …

How Data Became Part Of New Orleans’ Dna During The Katrina Recovery, Lamar Gardere, Allison Plyer, Denice Ross

New England Journal of Public Policy

Data intermediaries have a symbiotic relationship with government as the source of most of their information. The open-data movement in government and development of software-as-a-service technologies shaped the data landscape after Katrina. Through relationships and talent transfers with The Data Center, the City of New Orleans went from having its chief technology officer in federal prison and its data systems in shambles to being a nationally recognized leader in open and accountable government. To be effective during disasters, an intermediary should be (1) in place and widely respected before the event, (2) ready to respond immediately after the event and …

Recreation Reform: Leveling The Playing Field In Post-Katrina New Orleans, Arnie Fielkow, Mithun B. Kamath

New England Journal of Public Policy

Between 2000 and 2005, I was in charge of every aspect of the New Orleans Saints’ non-football operations, from ticket sales to corporate sponsorships to lease negotiations for the Superdome. By spring 2007, though, by some combination of fate, determination, and maybe a little naiveté, I found myself in charge of legislatively repairing the City of New Orleans’ entire system of recreation. I quickly discovered that this was no small task.

Transparency And Efficiency In Government Operations: New Orleans Civil Service Reform, Kevin Wm. Wildes S.J.

New England Journal of Public Policy

It may strike some students of history as ironic, if not contradictory, to talk about civil service reform. The civil service movement was the reform. Some of that skepticism was apparent in the response we received from many city employees when we began exploring the idea of reforming the city’s civil service in post-Katrina New Orleans, and it was understandable. The city employees we talked with expressed fear that we would be returning to the colorful days of Governor Huey Long, when political patronage was based on who you knew and not what you knew. They assumed there were only …

Beacons Of Hope: How Neighborhood Organizing Led Disaster Recovery, Denise Thornton

New England Journal of Public Policy

The goal of this article is to broaden the scope of your knowledge about New Orleans neighborhoods by describing our revitalization strategies and our common goals, which may be of value to civil society, business, and government leaders in other cities facing social and economic decay. Many have studied us, many have tried to blend into the colorful fabric of our society, but most fall short in truly understanding our rich and diverse culture and our remarkable social structure. This lack of understanding was detrimental to our recovery and is explained in the coming paragraphs.

Legal Origins And Evolution Of Local Ethics Reform In New Orleans, David A. Marcello

New England Journal of Public Policy

The Office of Inspector General came first, and like many another reform in city government, it was born as a campaign commitment. When I met with state senator Marc H. Morial in September 1993 to discuss the issues component of his campaign for mayor, ideas poured out of him for an hour and a half, and I took copious notes. “We need an Inspector General,” he said, “and we need Charter Revision”—the two ideas linked from this first campaign convening. When he was elected mayor six months later and inaugurated in May 1994, charter reform became an early and important …

Social Traps And Social Trust In A Devastated Urban Community, Michael A. Cowan

New England Journal of Public Policy

The last national survey of adult literacy prior to Hurricane Katrina found 40 percent of New Orleans adults reading at or below the sixth-grade level and another 30 percent at or below the eighth-grade level. During the three years before the hurricane, New Orleanians watched as public meetings of its elected school board became models of incivility, where the politically connected struggled for control of contracts and patronage and self-appointed activists ridiculed school officials, board members, and fellow citizens who were attempting to raise the performance of the city’s public schools out of the ranks of the nation’s worst. During …

The New Orleans Criminal Legal System: A Flowing River, William C. Snowden

New England Journal of Public Policy

Ask anyone from New Orleans and they will tell you the city has not been the same since the storm. Although the city has persevered through many storms and hurricanes in its three-hundred-year history, this particular storm—Hurricane Katrina—is notorious for the transformation it brought to New Orleans in the years that followed.

The makeup, culture, and rhythm of New Orleans have changed, but so too have the various systems that give the city its tempo—particularly the criminal legal system. Hurricane Katrina was a disaster that revealed deficiencies, abnormalities, and injustices in the New Orleans criminal legal system. Some responses to …

Preventing Bankruptcy And Transforming City Finances After Hurricane Katrina, Andy Kopplin

New England Journal of Public Policy

In 2010, when the Landrieu administration took office in New Orleans, we inherited a financial situation that the mayor compared to the massive oil spill occurring at that very time in the Gulf, the worst in US history. The city was nearly bankrupt. Much of what we faced was the result of factors—Hurricanes Katrina and Rita, the subsequent failure of the federal levees, the great recession—that were far from the prior administration of Mayor Ray Nagin’s control. Much was the result of a culture of ineffectiveness and inefficiency that predated his administration. But much was the result of gross mismanagement …

Special Issue Editor’S Introduction: Practical Wisdom And Institutional Transformation In An Urban Disaster, Michael A. Cowan

New England Journal of Public Policy

As I complete the editor’s introduction to these articles on institutional disruption and transformation in New Orleans triggered by Hurricane Katrina, Corona splashes her colors over maps of the earth. The hurricane pales in comparison with the pandemic, but one contrast between the two occurs to this participant/observer in both.

Prior to Katrina most institutions necessary to proper city functioning—including city administration, police department, and courts—were broken or stretched to the breaking point. As you will see in these articles, following the storm, business and civil society leaders, cooperating with government officials when possible, challenging them as necessary, led dramatic …

The Strange Case Of The Seven Assessors, Janet Howard, Shaun Rafferty

New England Journal of Public Policy

New Orleans was, before Katrina, the only parish (county) in Louisiana to have multiple assessors. There were seven. Each of them had his or her own district, and collectively they formed the Board of Assessors. The strange structure was the vestige of times past, with no rhyme or reason in modern times.

Community Demand For Change And Accountability: A History Of Court Watch Nola, New Orleans’ Community Courtwatching Program, Simone Levine

New England Journal of Public Policy

The criminal justice system, like any other system, is run by insiders: prosecutors, judges, deputy sheriffs, police, clerks, private defense, and public defenders. But system outsiders—victims, witnesses, criminal defendants, and the community in general—have the power to demand respect from that same system and to demand that the system work for them. System insiders have no monopoly on the knowledge and the power to shape the criminal justice system.

The Nutria That Roared: How Building Coalitions Can Empower The Small To Drive Great Change, Michael Hecht

New England Journal of Public Policy

Hurricane Katrina saved the New Orleans economy. To be clear, Hurricane Katrina was not “good”—it was a devastating event, the most destructive storm in American history, costing thousands of lives and billions of dollars in damage. But when the books are written, and the story is told, the conclusion will be inescapable: Hurricane Katrina marked a profoundly positive inflection point in the New Orleans economy.

Katrina And The Philanthropic Landscape In New Orleans, Ludovico Feoli

New England Journal of Public Policy

This article explores the impact of Hurricane Katrina on the philanthropic landscape in New Orleans, drawing on the perspective of participants in the field—staff and board members of community, local, and national foundations and key nonprofits—who were surveyed or interviewed for this purpose. It does not offer a definitive statement about the disaster as it pertains to philanthropy; nor does it consider the crucial leadership role of the many individuals involved in the recovery process, even though that role often intercepted with the philanthropic sector. Instead, it seeks to identify general trends that emerge from a qualitative assessment of the …

The New New Orleans, Gregory Rusovich

New England Journal of Public Policy

The Business Council of New Orleans and the River Region was formed in 1985 by the iconic chairman and CEO of Freeport McMoRan, Jim Bob Moffett. The core mission of the Business Council during its thirty-four years has been to improve the region’s business climate, enhancing the quality of life for the community, working to effect principled reform, and simply striving to make New Orleans a safer and better place to live, work, and raise a family. It consists of CEOs and owners of primarily the largest businesses and employers in the city and has ranged in total membership from …

Editor’S Note, Padraig O’Malley

New England Journal of Public Policy

The lessons of Katrina are the subject of this special issue. The eighteen articles were assembled and overseen by Michael Cowan, the guest editor. Michael founded Common Good, a civil society action network, after Hurricane Katrina. He is Senior Fellow in the Centre for the Resolution of Intractable Conflict and Research Affiliate in the Centre for the Study of Social Cohesion, both in the University of Oxford. He is also a Visiting Research Associate in the Irish School of Ecumenics in Trinity College Dublin.

Reconnecting The Broken Post-Katrina New Orleans Criminal Justice System, Graymond Martin

New England Journal of Public Policy

When Hurricane Katrina struck New Orleans and the levees protecting the city gave way in August 2005, an already struggling and weakened criminal justice system collapsed in spectacular fashion.

Damage within New Orleans extended far beyond the loss of physical infrastructure. The city’s population was depleted by more than half. For those who remained or returned within the first year, spirits were crushed, uncertainty abounded, and the hard work of restoration was riddled by anxiety, conflict, opportunism, and battles for precious resources.

Longtime judge Leon Cannizzaro Jr., appalled at the near-complete dysfunction of the local criminal justice system, entered and …

Slaying Two Sacred Cows: One Group’S Part In Helping New Orleans Reform, Rebuild, And Renew, Ruthie Frierson

New England Journal of Public Policy

Citizens for One Greater New Orleans was a volunteer group of women that exemplified the surge of citizen activism that flourished in New Orleans after Katrina. Alarmed by their realization that local government was too dysfunctional to direct a successful comeback, citizens mobilized and charged at two seemingly untouchable local institutions they deemed ripe for reform, the ineffectual levee board and the notoriously biased board of tax assessors. Using skills honed through years of volunteer work, they mobilized public opinion, lobbied reluctant state lawmakers, and finally achieved success through the passage of constitutional amendments in two separate statewide referendum elections. …

Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire

New England Journal of Public Policy

Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …

Self-Determination And Psychological Adaptation In Forcibly Displaced People, Numan Turan, Bediha İpekçi, Mehmet Yalçın Yılmaz

New England Journal of Public Policy

According to the UN Refugee Agency, as of 2018 approximately 70 million people were forcibly displaced because of intrastate and interstate conflicts. A majority of those people endured significant hardships, and a consensus is growing among researchers that forcibly displaced people have gone through potentially traumatic experiences that challenge their well-being and health. Consequently, a large amount of research focuses on their mental health concerns, whereas research focusing on their will to normalize their lives and grow after a traumatic migration is scarce. In this article, we highlight the efforts by forcibly displaced people to normalize their lives, pointing out …

Communicative Justice And Reconciliation In Canada, Alice Neeson

New England Journal of Public Policy

Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.

Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora

New England Journal of Public Policy

The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan

New England Journal of Public Policy

This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.

For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …

Foreword, James Holmes

New England Journal of Public Policy

The International Communities Organisation (ICO) is a self-determination research and innovation center and a not-for-profit organization based in London. Guided by its vision of self-determination and the values of development and human rights, ICO aims to empower communities. It strives to foster an environment where organizations within these communities can overcome the barriers they face, allowing them to fulfill their potential and develop and create positive change for their local communities through local action, collaboration, and decision making.

To enhance our vision and our credibility as an international organization that works for peoples, we organized the February 2019 London conference …

The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman

New England Journal of Public Policy

Why do we need to rethink self-determination? In this article I argue that self-determination is a necessary feature of the human condition and a human right but that it is in part illusory and is potentially dangerous. We need to rethink self-determination because our collective thinking has been very confused, and bad thinking about self-determination costs many lives.

The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers

New England Journal of Public Policy

This article looks at the potential for individual communications under common article 1 of the Human Rights Covenants, in particular, under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. It first outlines the problems posed by the drafting of common article 1, in particular, the identity of peoples. It then considers how individuals might be able to claim peoples’ rights through representation and the collectivization of individual rights.

Editor’S Note, Padraig O’Malley

New England Journal of Public Policy

The articles in this issue of the New England Journal of Public Policy have their origins in presentations at a Chatham House conference titled “Rethinking Self-Determination,” February 2019, hosted by the International Communities Organization and the journal.

Among the many aspects of self-determination they address: the elasticity of the concept as a human right in the context of “peoples” (Freeman); individual rights versus collective self-determination (Summers); Biafra as an early case of internal self-determination—the territorial integrity of the state and the right of secession when “the right of a people to participate in the decision-making processes of a country is …

Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker

New England Journal of Public Policy

The study analyzes how the government of the Republic of Biafra used international norms to win foreign support during its 1967–1970 campaign to secede from Nigeria. Secession conflicts occur at the intersection of international and domestic politics. For independence movements, support from outside is crucial. But, as Bridget Coggins has asked, how can secession movements find “friends in high places”? International support for unilateral secession attempts is strictly prohibited. Domestic and international asymmetry are limiting secessionist foreign policy instruments to intangible means. Legitimacy is a central concept to illuminate the phenomenon. In international politics, legitimacy depends on the external perception …

European Union Integration And National Self-Determination, Mare Ushkovska

New England Journal of Public Policy

Recent demands for secession in several EU member states bring the issue of self-determination to the forefront of the debate about the future of the European Union. This article explores the European Union’s attitudes toward the international right to self-determination in the context of the rising salience of the greater political union between member states. The focus of the European project, in direct contrast to the glorification of nationhood, is on consensual decision-making rather than sovereignty, making self-determination obsolete in a reality of EU integration. This research finds that recognition of, or references to, the right to self-determination of peoples …

Prevention And Protection Interventions For Stateless Non-Refugee And Force Displaced Children, Tanya Herring

New England Journal of Public Policy

This article advances a general theory of law and justice that would expand the Palermo Trafficking and Smuggling Protocols to a wider application in human rights jurisprudence. The aim of the research reported here is to close the gaps in member-state policy and scholarship that addresses prevention measures and protection mechanisms for forcibly displaced children seeking self-determination in states that have not ratified the UN Convention on Refugees and the UN Conventions on Statelessness. The research is based on the premise that a stateless nonrefugee status constructs an extremely vulnerable state for children during forced migration and when they are …