Bureaucratic Justice


Book Description

Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies




Getting Through Security


Book Description

Getting Through Security offers an unprecedented look behind the scenes of global security structures. The authors unveil the “secret colleges” of counterterrorism, a world haunted by the knowledge that intelligence will fail, and Leviathan will not arrive quickly enough to save everyone. Based on extensive interviews with both special forces and other security operators who seek to protect the public, and survivors of terrorist attacks, Getting Through Security ranges from targeted European airports to African malls and hotels to explore counterterrorism today. Maguire and Westbrook reflect on what these practices mean for the bureaucratic state and its violence, and offer suggestions for the perennial challenge to secure not just modern life, but humane politics. Mark Maguire has long had extraordinary access to a series of counterterrorism programs. He trained with covert behavior detection units and attended secret meetings of international special forces. He found that security professionals, for all the force at their command, are haunted by ultimately intractable problems. Intelligence is inadequate, killers unexpectedly announce themselves, combat teams don’t arrive quickly enough, and for a time an amorphous public is on its own. Such problems both challenge and occasion the institutions of contemporary order. David Westbrook accompanied Maguire, pushing for reflection on what the dangerous enterprise of securing modern life means for key concepts such as bureaucracy, violence, and the state. Introducing us to the “secret colleges” of soldiers and police, where security is produced as an infinite horizon of possibility, and where tactics shape politics covertly, the authors relate moments of experimentation by police trying to secure critical infrastructure and conversations with special forces operators in Nairobi bars, a world of shifting architecture, technical responses, and the ever-present threat of violence. Secrecy is poison. Government agencies compete in the dark. The uninformed public is infantilized. Getting Through Security exposes deep flaws in the foundations of bureaucratic modernity, and suggests possibilities that may yet ameliorate our situation.




Blue Legalities


Book Description

The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know—and what we don’t know—about oceans, our earthly planet, and ourselves. Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg




Buddhism and Law


Book Description

This volume challenges the concept of Buddhism as an apolitical religion without implications for law.




Financial Instability and Economic Security After the Great Recession


Book Description

ÔThis book advances the re-unification of the Institutionalist and Keynesian traditions, now unstoppable, which when last combined eighty years ago proved the power of progressive and pragmatic thought. Let the spirit of Keynes and Commons inspire our new era Ð and perhaps this time a coherent, enduring and useful academic economics may also result.Õ Ð James K. Galbraith, President, Association for Evolutionary Economics (2012) ÔFinancial Instability and Economic Security after the Great Recession is a welcomed volume for a variety of reasons. The book does a good job of: 1) surveying the foundations of Post-Keynesian Institutionalism (PKI); 2) unfolding new ways of understanding and appreciating the economic and institutional insights of Hyman Minsky (which are many); and 3) providing new economic analysis into the recent financial crisis both in the United States and globally. . . How uncertainty affects institutions and individual behavior is something that needs more exploration, and this volume contributes to a much-needed discussion on how both institutionalists and Post-Keynesians can work together on this. . . a very interesting and stimulating book that provides some new insights in the development of both Institutionalist and Post-Keynesian thought.Õ Ð Heterodox Economics Newsletter ÔThis important and fascinating book confirms that policymakers would do well to brush up on their reading of Hyman Minsky as they wrestle with the ongoing effects of the global financial crisis. It makes a compelling case for understanding the current situation as a crisis of capitalism Ð a system that veers between stability and instability Ð and for managing and regulating economies on the basis of MinskyÕs insight that stability breeds instability. MinskyÕs insight was psychological, not merely economic, and this volume furthers the argument for including disciplines such as psychology and philosophy in understanding markets. It also helps us recognize the truth that, in the end, economies are human constructs and it will require strong doses of humanism to successfully manage our economic future.Õ Ð Michael E. Lewitt, Harch Capital Management and author of The Death of Capital: How Creative Policy Can Restore Stability ÔThe volume offers an intriguing economic frame that vastly broadens the possibilities for economic research and shifts the focus of economists from markets to people. . . This volume makes a coherent and articulate case for a new interpretation of existing economic theories with long traditions that could help inform both research and policy in the future.Õ Ð Christian Weller, Perspectives on Work ÔA failing orthodoxy calls out for powerful alternatives. Neoclassical economics is that failed orthodoxy; Whalen and his contributors are the critical alternative. In this finely orchestrated edited volume, the contributors take turns wielding a sledgehammer to demolish the weakened edifice of neoclassical theory. Then, each adds a brick to a new theoretical foundation as they work together to expand upon the Post-Keynesian Institutionalist approach, especially the ideas laid down by Hyman Minsky. Their critique is clear and the alternative theory and policies they present are critical for anyone trying to understand the nature and operation of market-based economies.Õ Ð Dorene Isenberg, University of Redlands, US ÔA convergence of Post Keynesian and Institutional economics, which have much in common, offers a sound and practical way forward after the Great Recession. By drawing inspiration from Hyman Minsky and tracing similarities in the economics of Veblen, Commons and Keynes, this book pursues such a convergence in an original and thought-provoking manner. The result is a new way of thinking about economics, one based on serious economic theory and rooted firmly in economic reality.Õ Ð Philip Arestis, University of Cambridge, UK ÔFinancial Instability and Economic Security after the Great Recession explores the close relationship between Institutional and Post Keynesian economics, thereby contributing greatly to our understanding of the recent Ð indeed, still ongoing Ð crisis in the U.S. economy and global financial markets. Together these two schools of thought provide coherent diagnoses and prescriptions that are wholly lacking in orthodox neoclassical theory. We are reminded that institutions matter, unregulated financial markets are not self-correcting, economies stall at equilibriums far below potential, and activist government is the only path to rebuilding a stable and balanced economy. This book will help greatly in the important task of rethinking economics and pointing us in the direction of reform and recovery.Õ Ð Timothy A. Canova, Chapman University School of Law, US ÔFor those who take the work of Hyman Minsky seriously, this collection of essays provides a most welcome and refreshing examination of modern economic reality. It also demonstrates just how fruitful a conjoining of Post Keynesian and Institutionalist theory can be. Whalen has chosen his authors wisely, and, taken as a whole, their contributions provide an illuminating inquiry into what Minsky called Òmoney-manager capitalismÓ. The authors continue in the Minsky tradition, complementing his theoretical work and driving it forward. I highly recommend this book to not only economists who consider themselves Post Keynesian or Institutionalist, but to all who are looking for a way out of the theoretical impasse posed by conventional economics.Õ Ð John Henry, University of Missouri-Kansas City, US ÔIn the 1930s, economic theory and policy underwent dramatic change; such a shift occurs rarely and only in times of great calamity. We are in a similar period today, and this book enlightens economic policy and contributes to change that is ongoing in the mainstream of economic thinking. Economists and policymakers alike will benefit from this book.Õ Ð Ronnie J. Phillips, Colorado State University, US ÔCharles Whalen has been the torch-bearer for Post-Keynesian Institutionalism for many years. The fruit of his thought and time is reaped in the publication of this valuable work that should be of interest to all economists, particularly those concerned with the macroeconomic workings of the real economy. While there are multiple authors, Whalen wrote or co-authored half of the chapters, giving the book coherence not usually found in a collection of essays; a first-rate book.Õ Ð Charles K. Wilber, University of Notre Dame, US ÔThe end of the Great Moderation (a period characterized by modest business cycles) and the demise of its intellectual underpinnings, such as the efficient market hypothesis, opens the door to fresh thinking about the evolution of the US and world economies. This volume responds with a compendium of insights that grow out of Post-Keynesian Institutionalism. Central constructs in the analysis Ð essential to understanding the new Great Instability and to generating constructive policy responses Ð include money-manager capitalism, financial regulation, and economic evolution. The book provides a persuasive basis for reconstructing macroeconomics and for finding sets of policies that could lead to greater world prosperity. This is an important contribution, since much of the intellectual and policy response to the current crisis has challenged the status quo very little and has not inoculated the global economy from further instability.Õ Ð Kenneth P. Jameson, University of Utah, US ÔThis book makes a major contribution toward developing an economic framework to address the policy failures that precipitated the 2007Ð2009 financial crisis and slowed recovery from the Great Recession. It begins that process with wonderfully clear analyses of the influence of earlier non-classical economic thinkers on Keynes and Minsky and then uses their insights and hypotheses to critique the economic thinking that failed to anticipate the crisis. But, unlike many other excellent analyses of recent events, it also identifies policy options capable of preventing future crises and ensuring a more rapid recovery. The authors have laid a strong foundation for the theoretical perspective required to secure the broadly shared prosperity that many view as the overriding objective of an economic system.Õ Ð Jane DÕArista, University of Massachusetts at Amherst, US ÔInstitutionalists and Post Keynesians have a great deal in common, so much so that it is surprising how little cooperation there has been between them. This innovative and engaging volume will help to put this right. Several of the contributors identify the ideas of Hyman Minsky as providing a bridge between the two traditions (in much the same way as Micha Kalecki connects Post Keynesian and Marxian thought), suggesting important ways these camps can profit from each otherÕs insights. Across the volume, the crucial concepts of ÔfuturityÕ, expectations and fundamental uncertainty shape the authorsÕ approach to economic theory, while an insistence on the need for a Ômore wisely managed capitalismÕ unites their policy discussions. This book deserves to be widely read; it will have important consequences.Õ Ð John E. King, La Trobe University, Australia This timely book rethinks economic theory and policy by addressing the problem of economic instability and the need to secure broadly shared prosperity. It stresses that advancing economics in the wake of the Great Recession requires an evolutionary standpoint, greater attention to uncertainty and expectations, and the integration of finance into macroeconomics. The result is a broader array of policy options Ð and challenges Ð than conventional economics presents. Building on the pioneering work of Thorstein Veblen, John R. Commons and John Maynard Keynes, the authors synthesize key insights from Institutional and Post Keynesian economics into Post-Keynesian Institutionalism. Then they use that framework to explore an array of economic problems confronting the United States and the world. Inspired by the work of Hyman Minsky, the authors place financial relations at the center of their analysis of how economies operate and change over time. Students and scholars of macroeconomics and public policy will find this book of interest, as will a wider audience of financial analysts, policymakers and citizens interested in understanding economic booms and downturns.




Just Green Enough


Book Description

While global urban development increasingly takes on the mantle of sustainability and "green urbanism," both the ecological and equity impacts of these developments are often overlooked. One result is what has been called environmental gentrification, a process in which environmental improvements lead to increased property values and the displacement of long-term residents. The specter of environmental gentrification is now at the forefront of urban debates about how to accomplish environmental improvements without massive displacement. In this context, the editors of this volume identified a strategy called "just green enough" based on field work in Greenpoint, Brooklyn, that uncouples environmental cleanup from high-end residential and commercial development. A "just green enough" strategy focuses explicitly on social justice and environmental goals as defined by local communities, those people who have been most negatively affected by environmental disamenities, with the goal of keeping them in place to enjoy any environmental improvements. It is not about short-changing communities, but about challenging the veneer of green that accompanies many projects with questionable ecological and social justice impacts, and looking for alternative, sometimes surprising, forms of greening such as creating green spaces and ecological regeneration within protected industrial zones. Just Green Enough is a theoretically rigorous, practical, global, and accessible volume exploring, through varied case studies, the complexities of environmental improvement in an era of gentrification as global urban policy. It is ideal for use as a textbook at both undergraduate and graduate levels in urban planning, urban studies, urban geography, and sustainability programs.




Urban Renewal and School Reform in Baltimore


Book Description

Urban Renewal and School Reform in Baltimore examines the role of the contemporary public school as an instrument of urban design. The central case study in this book, Henderson-Hopkins, is a PK-8 campus serving as the civic centerpiece of the East Baltimore Development Initiative. This study reflects on the persistent notions of urban renewal and their effectiveness for addressing the needs of disadvantaged neighborhoods and vulnerable communities. Situating the master plan and school project in the history and contemporary landscape of urban development and education debates, this book provides a detailed account of how Henderson-Hopkins sought to address several reformist objectives, such as improvement of the urban context, pedagogic outcomes, and holistic well-being of students. Bridging facets of urban design, development, and education policy, this book contributes to an expanded agenda for understanding the spatial implications of school-led redevelopment and school reform.




Tacit Racism


Book Description

We need to talk about racism before it destroys our democracy. And that conversation needs to start with an acknowledgement that racism is coded into even the most ordinary interactions. Every time we interact with another human being, we unconsciously draw on a set of expectations to guide us through the encounter. What many of us in the United States—especially white people—do not recognize is that centuries of institutional racism have inescapably molded those expectations. This leads us to act with implicit biases that can shape everything from how we greet our neighbors to whether we take a second look at a resume. This is tacit racism, and it is one of the most pernicious threats to our nation. In Tacit Racism, Anne Warfield Rawls and Waverly Duck illustrate the many ways in which racism is coded into the everyday social expectations of Americans, in what they call Interaction Orders of Race. They argue that these interactions can produce racial inequality, whether the people involved are aware of it or not, and that by overlooking tacit racism in favor of the fiction of a “color-blind” nation, we are harming not only our society’s most disadvantaged—but endangering the society itself. Ultimately, by exposing this legacy of racism in ordinary social interactions, Rawls and Duck hope to stop us from merely pretending we are a democratic society and show us how we can truly become one.




The Golden Yoke


Book Description

The Golden Yoke is a remarkable achievement. It is the first elaboration of the legal, cultural, and ideological dimensions of precommunist Tibetan jurisprudence, a unique legal system that maintains its secularism within a thoroughly Buddhist setting. Layer by layer, Rebecca Redwood French reconstructs the daily operation of law in Tibet before the Chinese invasion in 1959. In the Tibetans' own words, French identifies their courts, symbols, and personnel and traces the procedures for petitioning and filing documents. There are stories here from judges, legal conciliators, and lay people about murder, property disputes, and divorce. French shows that Tibetan law is deeply embedded in its Buddhist culture and that the system evolved not from the rules and judgments but from what people actually do and say. In what amounts to a fully developed cosmology, she describes the cultural foundation that informs the system: myths, notions of time and conflux, inner morality, language patterns, rituals, use of space, symbols, and concepts. Based on extensive readings of Tibetan legal documents and codes, interviews with Tibetan scholars, and the reminiscences of Tibetans at home and in exile, this generously illustrated, elegantly written work is a model of outstanding research. French combines the talents of a legal anthropologist with those of a former law practitioner to develop a new field of study that has implications for other judicial systems, including our own.




Building Business in Post-Communist Russia, Eastern Europe, and Eurasia


Book Description

Prior to 1989, the communist countries of Eastern Europe and the USSR lacked genuine employer and industry associations. After the collapse of communism, industry associations mushroomed throughout the region. Duvanova argues that abusive regulatory regimes discourage the formation of business associations and poor regulatory enforcement tends to encourage associational membership growth. Academic research often treats special interest groups as vehicles of protectionism and non-productive collusion. This book challenges this perspective with evidence of market-friendly activities by industry associations and their benign influence on patterns of public governance. Careful analysis of cross-national quantitative data spanning more than 25 countries, and qualitative examination of business associations in Russia, Ukraine, Kazakhstan and Croatia, shows that postcommunist business associations function as substitutes for state and private mechanisms of economic governance. These arguments and empirical findings put the long-standing issues of economic regulations, public goods and collective action in a new theoretical perspective.