Theorizing the Submerged State: The Politics of Private Schools in the United States

In this paper, I apply Mettler's concept of the “submerged state” to aid for children at private schools in the United States, including education vouchers, in‐kind aid, and property tax exemptions. All aid policies are “submerged” in that they help private organizations take on state functions but some are more submerged than others. Theoretically, this paper distinguishes between subcategories of submergence. Using policy data from 50 states and an original database of court challenges between 1912 and 2015, I employ probit regression with sample selection to evaluate the effect of submergence on successful court challenge. I find that more submerged policies are less likely to be successfully challenged than less submerged policies. Submerged policy design enables supporters to avoid legal as well as political challenge.     

Rescaling regions in the state: The New Regionalism in California

A “new civic regionalism” – based on participatory, inclusive and partnership models of governance – has recently been rolled out in California to tackle the challenges of urban growth, planning and economic development across the State's diverse metropolitan and rural regions. Backed by non-profits and private foundations, California's New Regionalism has been packaged as a flexible and responsive grassroots governance initiative, which is designed to circumnavigate State and local government. Its proponents have been influenced by New Regionalist ideas and practices circulating nationally and internationally. Despite this, our explanation for the rise of the New Regionalism in California is not grounded in these wider theoretical and policy developments; nor do we see it as the outcome of a “new politics of scale” framed around the region. Instead, California's newest regionalism is part of a much longer-standing social movement spearheaded by large-scale business interests and directed at reorganizing local and State government powers particularly in urban regions. This regional reform movement has sought to rationalize land use and environmental planning, coordinate infrastructure, and make government more fiscally efficient and responsive to growth. Over the longer term, its efforts have been undermined by the fiscal fallout of the property tax revolt, Proposition 13. Our analysis calls into question some of the claims in the literature on state rescaling and suggests the value of collapsing the conceptual distinction made between new spaces of political regionalism and regional economic spaces.     

Voluntary Environmental Programs in the Public Sector: Evaluating an Urban Water Conservation Program in California

Solving conflictual environmental policy problems is increasingly falling under the purview of local governments and public agencies. Nonregulatory approaches, such as the development of voluntary environmental programs (VEPs), could offer a useful policy alternative as they often have greater political traction and flexibility. However, there has been little work examining the use of VEPs in the public sector. This article uses a new dataset from California to examine how political institutions affect decisions by local governments and public agencies to participate in a voluntary urban water conservation program and whether this program has improved the water conservation performance of its members. The results show that special district governments, private utilities, and water suppliers dependent on purchased water are more likely to participate in the program and to join early. However, urban water agencies that have joined the program have not reduced their per capita water use more than those that have not. These results underscore the influence of political institutions in public‐sector decision making and demonstrate that, as in the private sector, commitment to a VEP by local government and public agencies does not guarantee implementation or environmental improvements. While voluntary programs offer political and administrative advantages, in order for VEPs in the public sector to be effective they must be accompanied and supported by credible enforcement mechanisms, performance standards, and rigorous monitoring programs.     

The creation of cultural policy in the media: a field research of cultural discourses in Germany

In Germany, cultural policy is formally made on the level of municipalities, the Länder (federal states) and the federal government. With approximately eight billion Euros per year, they finance a large percentage of cultural and arts activities: music, theater, dance, museums, libraries, film and the preservation of sites of historic interest. The federal government sets the legal framework in which art can be produced and distributed, and finances it indirectly through tax reductions (VAT reduction), copy right laws, and special health insurance and retirement arrangements for artists (Künstlersozialkasse). Within this institutionalized legal and governmental setting, the discursive dimension of politics is often forgotten, particularly when policy creation is being discussed. This article focuses on the discursive dimensions of politics within the field of classical and contemporary music and offers a discourse analysis of mass media coverage to investigate policy‐making.     

Political Decoupling: Private Implementation of Public Policy

Where policy goals can be achieved through regulation of private firms, private provision of public services allows governments to separate public policies from their political costs by shifting those costs to the private sector. Over the past three decades, financial decoupling has emerged as a regulatory strategy for promoting conservation, especially in the energy sector. Decoupling refers to the separation of a firm’s revenues from the volume of its product consumed, which allows companies to pursue resource efficiency free from financial risk. Similarly, when private firms provide public services, they separate public policies from their political costs. This political decoupling allows governments to pursue controversial policies while avoiding their attendant political risks. Applied to environmental policy, this theory implies that potentially unpopular conservation policies are more likely to be adopted and succeed when implemented through private firms. As an initial test of the theory, we analyze California water utilities and their responses to that state’s drought from 2015–2017. Analysis shows that, compared with those served by local government utilities, private utilities adopted more aggressive conservation measures, were more likely to meet state conservation standards, and conserved more water.     

Building synergies between WTO and UNESCO: the case for data-driven policy coordination

The different legal worldviews of WTO and UNESCO on trade and culture vividly illustrate the formidable challenges we face nowadays to deliver legal and policy coherence in global governance. Bridging the trade and culture policy divide in this area requires stronger inter-agency dialog and cooperation, starting with joint initiatives for improved policy-oriented statistics.     

Privatizing the Crown: The Exceptional Fate of Alberta's Liquor Control Board

A dramatic policy shift provides a means for understanding decision-making in governments. The privatization of the Alberta Liquor Control Board (ALCB) in 1993 is an example of a radical governance reform whereby most of a policy sector was turned from a state bureaucracy to a marketplace of private firms. This article examines the decision of Ralph Klein's government to privatize the ALCB and the central roles that history, institutional configurations, and path dependencies, among other factors, played in shaping its policy decisions. Of all the provinces, only Alberta has fully privatized its liquor board. The rest of the provinces, to varying degrees, have both retained and reformed their publicly owned and operated liquor boards, the largest of which is the Liquor Control Board of Ontario (LCBO). The unique policy outcome in Alberta was primarily a result of province-specific, temporally significant institutional and political factors. Liquidating the ALCB and establishing a private market to sell alcohol were relatively easy policies for the Klein Tories to implement given the weakness of the affected stakeholders in the liquor distribution industry. The liquidation of the ALCB was intended to demonstrate to the public that the new Klein government was dedicated to reducing the size and scope of Alberta's provincial state.     

Laissez-faire governance and the archetype laissez-faire city in the USA: exploring Houston

This article explores the governance of Houston, the archetype laissez-faire city in the USA. The research examines the complexity of Houston's minimal government intervention rhetoric, which in practice involves extensive federal, state and local government involvement in economic development in combination with a disinterest in social service and income maintenance programmes. This governance strategy is outlined through an examination both of regional public policy and local public finances. The analysis illustrates that Houston's local governance has historically been based on a management approach that attempts actively to minimize costs for potential investors to locate in the City, through public intervention, while at the same time generating an unattractive urban environment for the socially marginalized — hence the disinterest in social services. Thus, despite the local laissez-faire rhetoric, government intervention in Houston's growth has been vital and has produced the extraordinary impacts usually expected from public involvement in local economic development. The foundations of this local governance strategy are both predicted and advocated by the public choice approach, a theoretical framework whose emphasis on inter-municipal competition advances management tactics based on maintaining low taxes and low expenditures on public welfare. The research also shows, however, that Houston is unique, when compared to other economically successful US cities, in following such an extreme approach of this management strategy.     

A THEORETICAL FRAMEWORK FOR SMALL BUSINESS POLICY

A number of public policy issues have been discussed in this article, the most important of which are: 1. Small business would not need special consideration if our economy were basically a competitive one. 2. A large and growing segment of our economy has sufficient market and political power to make our economy basically non-competitive. 3. Small firms tend to provide price competition, to lead in the development of new products and processes, and to generate new innovations and new employment. 4. Government policy tends to create artificial economies of scale, giving an unwarranted advantage to the very large firm. As a first approximation, a policy of government neutrality on firms of varying size is needed. But, because of discriminations which already exist which favor large firms over small firms, special small business programs may be necessary to provide an equitable policy base. Unfortunately, programs designed to benefit all business, like the investment tax credit, tend to primarily benefit larger firms (Berney, 1979). This is the case for two reasons. First, there is a basic difference in production relationships: large firms tend to be more capital intensive and small firms more labor intensive. Second, the more complex a rule or regulation, the more costly it is for small business to use it. Consequently, even the employment tax credit, which should benefit the small firm is not used by them. Instead, it tends more to benefit the larger firm. Neutrality, as a governmental policy, would appear to demand different treatment for firms of varying size. As an example, the “regulatory flexibility” concept applies different standards to different sized firms so that the burden of regulation is more equitably distributed. The concept of encouraging or requiring financial institutions and other lenders to establish “dual prime rates” is a further example. Since small firms appear to have much higher debt to equity ratios and rely more heavily on shorter-term bank credit, they are more heavily burdened by a tight money policy which forces increases of interest rates. Thus, dual prime rates help to spread the burden of rising interest costs more equally. As many people prefer to work for themselves, equalizing the burden of government policy could only serve to increase the basic growth rate for small business, thus providing an easier start for entrepreneurs and would encourage a more rapid rate of economic growth. None of these discussions, however, argues that small business should be protected from failure. The more efficient firms will succeed and prosper, and the least efficient will not. Many currently successful entrepreneurs learn how to improve their production processes or managerial skills from their failures. What is being recommended as a first step is that government should concentrate on equalizing burdens and benefits in order to achieve true neutrality. If private economies of scale do indeed exist, new firms must grow to survive; what the government should not create are artificial economies of scale with public policy. A strong argument for further action can also be made: it appears that significant external benefits are produced by an economic system with a dynamic small business sector. Since these benefits go to society as a whole rather than entrepreneurs alone in the form of increased profits, a freely operating market without government assistance does not generate as many new small businesses as would be optimal for our society. To internalize the benefits that come from small business, governmental programs need to be devised to increase the rate of return on new, innovative small businesses. Should this happen, we could then anticipate increased rapid rates of innovation and technological change, more rapid rates of employment growth, expanded price competition in all sectors of the economy, and improved export capabilities, in short, true flexibility in our capitalistic system.     

Changing public accountability mechanisms in the governance of Dutch urban regeneration*

Contemporary urban planning dynamics are based on negotiation and contractual relations, creating fragmented planning processes. On the one hand, they trigger technocratic forms of governance, which require the ‘legal instrumentalisation’ of planning in a piecemeal approach ensuring legal certainty. On the other hand, these processes require flexibility to enable easy, fast and efficient forms of implementation due to the increasing involvement of private sector actors in urban development. This article unravels the influence of these conflicting dynamics on the fundamentals of urban planning practices by focusing on changing public accountability mechanisms created through contractual relationships between public and private sector agencies. Dutch urban regeneration has demonstrated changing governance principles and dynamics in the last three decades. Representing instrumental and institutional measures, we connect accountability mechanisms to these changes and argue that they ‘co-exist’ in multiple forms across different contexts. This article embeds this evolution in wider theoretical discussions on the changing relationships between public and private sector actors in urban governance relative to the changing role of the state, and it addresses questions on who can be held accountable, and to what extent, when public sector actors are increasingly retreating from regulatory practices while private sector actors play increasingly prominent roles.     

转型中国的地方管治:海外学者的观点

改革开放以来,中国的城市与区域在分权化、全球化和市场化的宏观背景下,经历了剧烈的政治、经济和社会转型,地方管治成为城市地理学研究的热点问题。本文对海外研究中国地方管治的有关文献进行综述,总结了目前主流理论对中国地方管治变革的两种观点-强势的地方政府与低效的地方政府,并做出评述。研究同时也指出深化中国地方管治研究和地方政府间关系研究的新方向。     

‘A Beautiful Fiction of Law’: Rhetorical Engagements with Terra Nullius in the British Periodical Press in the 1840s

This paper analyses two critiques of the jurisprudential basis of settler colonialism in Australia published in the early Victorian periodical press. Review articles in the North British Review and Fraser's Magazine in the 1840s deployed claims of legal sophistry to dispute the fiction that Australian colonies were settled, rather than conquered, and that the country was a terra nullius. By examining the politics and rhetoric of each article, the significance of legal ideology for both literature promoting colonization and humanitarian critiques of colonial policy is assessed. Through a combination of discourse analysis and intellectual history, the North British Review article is read as fusing Scottish Enlightenment concepts of social evolution with the rhetoric of sensibility to defend the existence of Indigenous rights to land and to argue for the degenerative implications of colonial social practices. Similarly, the Fraser's Magazine article offers an epitome of the place of law in colonial policy-making by invoking utilitarian and pragmatic approaches to law to rationalize doctrines of sovereignty and jurisdiction, minimizing legal protections for Aborigines while maximizing the legal powers of colonists. By tracing the use of jurisprudential rhetoric in reviews published in two leading metropolitan journals, the paper offers evidence that the literary sphere contributed to the emergent culture of colonial legality.     

Rethinking State-Society Relations in Vietnam: The Case of Business Associations in Ho Chi Minh City

The growing private sector in the post-reform Vietnamese economy and its new forms of mobilisation have led to newly emergent social forces that have shaped internal state agendas and political deliberations. With a view to exploring the nature of institutional change in Vietnam, I argue that business associations have played a crucial intermediary role between the state and the private sector over past decades. These associations and the spaces of governance that they constitute are neither characteristic of autonomous actors as suggested by liberal theory nor a form of state corporatism. This paper adopts the “state-in-society” approach, which contends that the state and society should be considered through new governance spaces within the state. These spaces create institutional mechanisms for interaction between the government and business, and provide a framework for deliberative engagement between state and non-state actors. This framework will be tested through an examination of associations of small and medium enterprises in Ho Chi Minh City and their connections to the city authorities. I argue that business associations will be accommodated by the state and will coalesce with existing bureaucratic interests. This proposition contributes to the new research agenda that applies the state-in-society approach to post-socialist institutions.     

Designing cultural policy in a postcolonial colony: the case of Puerto Rico

Puerto Rico became a territory of the United States in 1898 with the end of the Spanish-American War. In 1952, the island became a ‘Commonwealth’ through the development and approval of a local constitution. While this political status allows Puerto Rico some degree of autonomy, it nevertheless continues to subject the island to United States federal authority. For the last 60 years, discussions on whether Puerto Rico’s Commonwealth status is a permanent or transitional status has fuelled much of the political debate and public policy of the region, and has been highly influenced by political status ideologies: to become a state of the United States, to maintain the current status, or to become independendent. Budgetary, legal, and commercial dependence on the United States causes constant conflicts in the design and implementation of Puerto Rican public policy in areas such as education, law, and economic development. Likewise, culture has not been exempt from these debates. In fact, cultural differences have caused conflict at all levels – from the theoretical conceptions of culture, to cultural policy and arts management. Moreover, the implementation of cultural policies has also been subject to political ideologies and the concept of culture has variably been seen as an obstacle or strength for specific political purposes. In the midst of a sustained economic crisis, the current Puerto Rican government has proposed the development of a comprehensive cultural policy through a participatory process. The objective of this paper is to present this process as a means of analyzing Puerto Rico’s experience through the challenges in designing and implementing cultural policy within a ‘postcolonial colony’ scenario. This paper will place emphasis on the government’s role, cultural public institutions, and cultural production.     

A study of social‐market interventions in the shaping of the field of cultural production

A social analysis based on extensive evaluation of the Dance and Drama Awards programme reveals the social‐market political paradigm underpinning the formation of cultural policy in the UK underthe New Labour government. This specific intervention in the field of cultural production is placed in the context of broader government interventions in the cultural domain that seek to give respect to undervalued social and cultural groups. There is a political analysis of the characteristics of the social‐market political formation that underpin New Labour’s “affirmative” actions, and the political strategies informing the government’s “access” and “inclusion” agendas and their impact on the cultural and creative industries. The authors argue that the construction of a “social‐market” position in New Labour’s cultural policy represents an attempt to bridge or “hyphenate” the contradictory claims of social democracy, on the one hand, and economic fatalism, on the other. Despite the rhetoric of social and cultural “transformation”, the authors argue that a “faith” in the market prevents New Labour from transforming the political‐economic and cultural structures that generate economic and cultural injustices.     

Planning's “Failure” to Ensure Efficient Market Delivery: A Lacanian Deconstruction of this Neoliberal Scapegoating Fantasy

Our neoliberal governance model places a burden on planning to often take “responsibility” for the failure of market-lead governance to deliver its policy promises of betterment, security and future enjoyment. These include promised, but often-unachievable policies, such as those of increased global competitiveness for areas of structural economic decline; or housing affordability in areas of population growth and constrained land availability. Resultant policy failures then result in a scapegoating response where planning is held responsible. Examples include that economic development, or housing affordability, is obstructed by planning impediments, such as regulatory controls or process delays, which are claimed to hamper efficient market delivery. To deconstruct this neoliberal fantasy that planning often impedes policies for market-lead success, the article will first document exemplars of this scapegoating process. It will then explore the role of fantasy and ideology in governance policy formulation and, from a Lacanian perspective, the theorization that underlies this process. Then, it will investigate the role of the “scapegoat” for public policy facilitation so as to explain why planning is often placed in this role, and why this role is often ideologically necessary, at least for neoliberal governance, when planning undertaking its statutory responsibility of facilitating the public interest.     

上海私营金融业与"三反""五反"运动

"三反"五反"运动从经济、政治、思想诸方面对上海私营金融业所产生的影响都是前所未有的.正是在"三反"五反"中,私营金融业业务情况急转直下,传统市场迅速萎缩;资方受到极大的震慑,从业人士思想动摇;同业组织边缘化,无法正常运作."三反"五反"运动客观上加速了上海金融业由私营向公私合营转化的进程.上海私营金融业,作为一种行业,已经走到了历史的尽头.     

Contemporary cultural diplomacy in South Korea: explicit and implicit approaches

This paper argues that in the case of Korea, cultural diplomacy (CD) has been explicitly implemented in a top-down and unilateral approach by government to enhance national prestige abroad, underpinned by the institutional legacy of a ‘developmental state’ model of governance. Yet, an implicit approach has also emerged, associated with capacity building of the domestic cultural industries through promoting ‘international cultural exchange’. Whilst the top-down unilateral approach has persisted, a disarray of policy rhetoric and institutional fragmentation surrounding CD, as well as the blurring of cultural industries development policy with the CD agenda has led to gradual convergence of both explicit and implicit approaches.     

Tensions between municipal reform and outdated fiscal levers in rural British Columbia

Debates about the future of small municipalities in Canada are set against a backdrop of economic, political, and social restructuring processes that have displaced former state investment policies in favour of neoliberal public policy approaches. Small municipalities struggle with outdated financial and governance structures and a provincial public policy agenda that asks them to become more creative, innovative, and “entrepreneurial” in their approach and responsibilities. Drawing upon key informant interviews with eight case studies in British Columbia, Canada, this research examines the tensions between municipal reforms mandated by the provincial government over the past 30 years and commensurate fiscal levers and capacities in place to address these broadening responsibilities for small municipalities in volatile staples-dependent regions. Our findings demonstrate how successive provincial governments have mobilized New Public Management objectives through a host of legislative and regulatory changes that have increased the responsibilities and requirements on local governments without commensurate fiscal or jurisdictional capacity.