Recalibrating Reform

Stuart Chinn highlights this phenomenon, dubbed 'recalibration', as a regular companion to reform, and highlights the barriers to, and possibilities for, change in American politics.

Some of the most important eras of reform in US history reveal a troubling pattern: often reform is compromised after the initial legislative and judicial victories have been achieved. Thus Jim Crow racial exclusions followed Reconstruction; employer prerogatives resurged after the passage of the Wagner Act in 1935; and after the civil rights reforms of the mid-twentieth century, principles of color-blindness remain dominant in key areas of constitutional law that allow structural racial inequalities to remain hidden or unaddressed. When momentous reforms occur, certain institutions and legal rights will survive the disruption and remain intact, just in different forms. Thus governance in the post-reform period reflects a systematic recalibration or reshaping of the earlier reforms as a result of the continuing influence and power of such resilient institutions and rights. Recalibrating Reform examines this issue and demonstrates the pivotal role of the Supreme Court in post-reform recalibration.

Recalibrating Juvenile Detention chronicles the lessons learned from the 2007 to 2015 landmark US District Court-ordered reform of the Cook County Juvenile Temporary Detention Center (JTDC) in Illinois, following years of litigation by the ACLU about egregious and unconstitutional conditions of confinement. In addition to explaining the implications of the Court’s actions, the book includes an analysis of a major evaluation research report by the University of Chicago Crime Lab and explains for scholars, practitioners, administrators, policymakers, and advocates how and why this particular reform of conditions achieved successful outcomes when others failed. Maintaining that the Chicago Crime Lab findings are the "gold standard" evidence-based research (EBR) in pretrial detention, Roush holds that the observed "firsts" for juvenile detention may perhaps have the power to transform all custody practices. He shows that the findings validate a new model of institutional reform based on cognitive-behavioral programming (CBT), reveal statistically significant reductions in in-custody violence and recidivism, and demonstrate that at least one variation of short-term secure custody can influence positively certain life outcomes for Chicago’s highest-risk and most disadvantaged youth. With the Quarterly Journal of Economics imprimatur and endorsement by the President’s Council of Economic Advisors, the book is a reverse engineering of these once-in-a-lifetime events (recidivism reduction and EBR in pretrial detention) that explains the important and transformative implications for the future of juvenile justice practice. The book is essential reading for graduate students in juvenile justice, criminology, and corrections, as well as practitioners, judges, and policymakers.

This book demonstrates that political exchange and coalition building have become the key ingredients for continental European pension reform.

This innovative Handbook presents the core concepts associated with austerity, retrenchment and populism and explores how they can be used to analyse developments in different welfare states and in specific social policies. Leading experts highlight how these concepts have influenced and changed welfare states around the globe and impacted specific areas including pensions, long-term care, the labour market, taxation, social activism and gender equality.

Intro -- Contents -- Preface - John Howe -- 1. Introduction - Christopher M. Bellitto and David Zachariah Flanagin -- I. Gerhart Ladner's The Idea of Reform After 50 Years -- 2. My Debt to Gerd: His Legacy as Teacher of History and Historian of Ideas, Fifty Years after The Idea of Reform and in Light of Present Research - Lester L. Field Jr. -- 3. Gerhart Ladner's The Idea of Reform: Reflections on Terminology and Ideology - Louis B. Pascoe, S.J. -- 4. The Continuing Relevance of The Idea of Reform - Phillip H. Stump -- II. Models and Case Studies of Medieval and Reformation Reform -- 5. "He does not say, 'I am custom'": Pope Gregory VII's Idea of Reform - Ken A. Grant -- 6. Administrative Change in the Fourteenth-Century Dominican Order: A Case Study in Partial Reforms and Incomplete Theories - Michael Vargas -- 7. The Six Errors: Hus on Simony - C. Colt Anderson -- 8. Church, Bible, and Reform in the Hussite Debates at the Council of Basel, 1433 - Gerald Christianson -- 9. In Search of Unity: Reform and Mathematical Form in the Conciliarist Arguments of Heymeric de Campo's Disputatio de potestate ecclesiastica (1433) - David Albertson -- 10. Premonstratensian Voices of Reform at the Fifteenth-Century Councils - William P. Hyland -- 11. "Memoriam Fecit": The Eucharist, Memory, Reform, and Regeneration in Hildegard of Bingen's Scivias and Nicholas of Cusa's Sermons - Ann W. Astell -- 12. Visions of Reform: Lay Piety as a Form of Thinking in Nicholas of Cusa - Inigo Bocken -- 13. Carthusians as Public Intellectuals: Cloistered Religious as Advisors to Lay Elites on the Eve of the Protestant Reformation - Dennis D. Martin -- 14. Black and White and Re-Read all Over: Conceptualizing Reform across the Long Sixteenth Century, 1414-1633 - William V. Hudon -- Contributors -- Index

According to the U.S. National Security Strategy, the United States needs to "strengthen alliances to defeat global terrorism and work to prevent attacks against us and our friends." This dissertation develops an analytic framework to explore ways to encourage contributions from allies that are beneficial to the United States with specific reference to Japan's Host Nation Support program (HNS) for the U.S. Forces in Japan, The author examines Japan's alliance contributions, the background environment of the U.S.-Japan alliance during the 1970s, 1980s and 1990s, and key causes for the change in Japan's alliance contributions. He analyzes the future of the U.S.-Japan alliance over the next 10-20 years, the plausible direction of changes in Japan's alliance contributions and how the U.S. can influence that direction. Finally, he examines the short-term future of the alliance, focusing on the next Special Measures Agreement for the HNS in 2006, Japan's stance toward that agreement, and effective U.S. negotiating tactics.

How does citizen activism win changes in national policy? Which factors help to make myriad efforts by diverse actors add up to reform? What is needed to overcome setbacks, and to consolidate the smaller victories? These questions need answers. Aid agencies have invested heavily in supporting civil society organizations as change agents in fledgling and established democracies alike. Evidence gathered by donors, NGOs and academics demonstrates how advocacy and campaigning can reconfigure power relations and transform governance structures at the local and global levels. In the rush to go global or stay local, however, the national policy sphere was recently neglected. Today, there is growing recognition of the key role of champions of change inside national governments, and the potential of their engagement with citizen activists outside. These advances demand a better understanding of how national and local actors can combine approaches to simultaneously work the levers of change, and how their successes relate to actors and institutions at the international level. This book brings together eight studies of successful cases of citizen activism for national policy changes in South Africa, Morocco, Brazil, Chile, Mexico, Turkey, India and the Philippines. They detail the dynamics and strategies that have led to the introduction, change or effective implementation of policies responding to a range of rights deficits. Drawing on influential social science theory about how political and social change occurs, the book brings new empirical insights to bear on it, both challenging and enriching current understandings.

In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act ("FAA") as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts' caseloads, co-opted the FAA by disregarding Congress's intent that the FAA be applicable only in federal courts. And in furtherance of its own Court-created ''federal policy in favor of arbitration," the Court created precedents that limit state regulation of arbitration agreements, including that states cannot exempt disputes from forced or mandatory arbitration agreements or otherwise regulate the enforcement of arbitration agreements in a manner that is inconsistent with the FAA. The Court's precedents have left a regulatory gap where states cannot prevent some of the dangers that arbitration poses to litigants in many areas of the law, including in consumer and employment contracts. Recently, however, Congress has reentered the arbitration field to reassert its authority over arbitration. In 2022, it enacted the Ending Forced Arbitration of Sexual Abuse and Sexual Harassment Act to exclude these types of claims from forced or mandatory arbitration. This Article asserts that Congress, having reentered the field, should continue its reforms of the FAA to recalibrate the balance of power between the Court and Congress. This would include Congress clearly stating whether Section 2 of the FAA should be applicable only in federal courts; should not be applicable to adhesion arbitration agreements; and should not be applicable to federal statutory claims, as well as whether the lack of diversity in arbitrators should be one of the justifications for not enforcing predispute arbitration agreements. This Articles discusses these topics and offers suggestions on how Congress should resolve these issues.