326 research outputs found

    Transforming the Welfare State, One Case at a Time: How Utrecht Makes Customized Social Care Work

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    Advanced welfare states are under pressure to customize services, promptly enough to prevent a cascade of harms. With these goals, the Netherlands in 2015 decentralized social care services to municipalities, and within municipalities to neighborhood teams in continuing contact with clients. The overall results have been disappointing. But the experience of Utrecht, the Netherlands’ fourth-largest city, has been strikingly different. By using hard-to-resolve cases to signal conflicts in rules, obstructive jurisdictional boundaries, and the shortcomings of private service providers, Utrecht is learning to customize and speed delivery of social care through incremental steps. This article explains how Utrecht’s success addresses apparently intractable limits to the adaptability of the rule-bound welfare state, such as the problem of low-level discretion or street-level bureaucracy and the division of services into silos, in the process bridging, and perhaps effacing, the gap between the Habermasian life world and the system world of formal rules

    Fixing the Climate: Charles Sabel in Conversation with Filippo Barbera

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    In this interview with Filippo Barbera, Charles F. Sabel discusses his latest book, Fixing the Climate (Princeton University Press, 2022, with D.G. Victor), that dramatically reorients our thinking about the climate crisis. It provides a road map to institutional design oriented around concrete problem-solving that can finally lead to self-sustaining reductions in emissions that years of global diplomacy have failed to deliver. The discussion touches upon a number of key issues of general interest for social scientists: global governance; decisions under uncertainty and risk; pragmatic solutions to wicked problems; technological solutions and innovation

    Transforming the welfare state, one case at a time : how Utrecht makes customized social care work

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    Published online: 17 January 2023Advanced welfare states are under pressure to customize services, promptly enough to prevent a cascade of harms. With these goals, the Netherlands in 2015 decentralized social care services to municipalities, and within municipalities to neighborhood teams in continuing contact with clients. The overall results have been disappointing. But the experience of Utrecht, the Netherlands’ fourth-largest city, has been strikingly different. By using hard-to-resolve cases to signal conflicts in rules, obstructive jurisdictional boundaries, and the shortcomings of private service providers, Utrecht is learning to customize and speed delivery of social care through incremental steps. This article explains how Utrecht's success addresses apparently intractable limits to the adaptability of the rule-bound welfare state, such as the problem of low-level discretion or street-level bureaucracy and the division of services into silos, in the process bridging, and perhaps effacing, the gap between the Habermasian life world and the system world of formal rules

    Transforming the Welfare State, One Case at a Time: How Utrecht Makes Customized Social Care Work

    No full text
    Advanced welfare states are under pressure to customize services, promptly enough to prevent a cascade of harms. With these goals, the Netherlands in 2015 decentralized social care services to municipalities, and within municipalities to neighborhood teams in continuing contact with clients. The overall results have been disappointing. But the experience of Utrecht, the Netherlands’ fourth-largest city, has been strikingly different. By using hard-to-resolve cases to signal conflicts in rules, obstructive jurisdictional boundaries, and the shortcomings of private service providers, Utrecht is learning to customize and speed delivery of social care through incremental steps. This article explains how Utrecht’s success addresses apparently intractable limits to the adaptability of the rule-bound welfare state, such as the problem of low-level discretion or street-level bureaucracy and the division of services into silos, in the process bridging, and perhaps effacing, the gap between the Habermasian life world and the system world of formal rules

    Fixing the Climate: Strategies for an Uncertain World

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    Global climate diplomacy ‚ÄĒ from the Kyoto Protocol to the Paris Agreement ‚ÄĒ is not working. Despite decades of sustained negotiations by world leaders, the climate crisis continues to worsen. The solution is within our grasp ‚ÄĒ but we will not achieve it through top-down global treaties or grand bargains among nations. Charles Sabel and David Victor explain why the profound transformations needed for deep cuts in emissions must arise locally, with government and business working together to experiment with new technologies, quickly learn the best solutions, and spread that information globally. Sabel and Victor show how some of the most iconic successes in environmental policy were products of this experimentalist approach to problem solving, such as the Montreal Protocol on the ozone layer, the rise of electric vehicles, and Europe‚Äôs success in controlling water pollution. They argue that the Paris Agreement is at best an umbrella under which local experimentation can push the technological frontier and help societies around the world learn how to deploy the technologies and policies needed to tackle this daunting global problem. A visionary book that fundamentally reorients our thinking about the climate crisis, Fixing the Climate is a road map to institutional design that can finally lead to self-sustaining reductions in emissions that years of global diplomacy have failed to deliver.https://scholarship.law.columbia.edu/books/1342/thumbnail.jp

    Participación, colaboración y coordinación para ejecutar sentencias estructurales: la arista inexplorada de un conocido litigio ambiental

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    El trabajo explora instancias de participaci√≥n ciudadana y coordinaci√≥n entre autoridades derivadas de la causa ‚ÄúMendoza‚ÄĚ, un litigio estructural orientado a la recomposici√≥n ambiental de una cuenca altamente poblada y contaminada de Argentina. Las acciones de limpieza derivaron en medidas para relocalizar a las personas que habitaban zonas contaminadas, a ra√≠z de las que el Juzgado interviniente logr√≥ sistematizar formas de deliberaci√≥n y toma de decisiones novedosas, participativas y horizontales.The article explores tools of participation and coordination among governmental authorities that have emerged in the ‚ÄúMendoza‚ÄĚ case, a structural litigation seeking the environmental remediation of a highly populated and polluted basin in Argentina. The cleanup actions derived in measures to relocate people who lived in polluted areas. In the context of such measures the intervening court managed to systematized ways of deliberation and decision-making that are innovative, participatory and horizontal.Facultad de Ciencias Jur√≠dicas y Sociale

    Fixing the Climate: Strategies for an Uncertain World

    No full text
    Global climate diplomacy ‚ÄĒ from the Kyoto Protocol to the Paris Agreement ‚ÄĒ is not working. Despite decades of sustained negotiations by world leaders, the climate crisis continues to worsen. The solution is within our grasp ‚ÄĒ but we will not achieve it through top-down global treaties or grand bargains among nations. Charles Sabel and David Victor explain why the profound transformations needed for deep cuts in emissions must arise locally, with government and business working together to experiment with new technologies, quickly learn the best solutions, and spread that information globally. Sabel and Victor show how some of the most iconic successes in environmental policy were products of this experimentalist approach to problem solving, such as the Montreal Protocol on the ozone layer, the rise of electric vehicles, and Europe‚Äôs success in controlling water pollution. They argue that the Paris Agreement is at best an umbrella under which local experimentation can push the technological frontier and help societies around the world learn how to deploy the technologies and policies needed to tackle this daunting global problem. A visionary book that fundamentally reorients our thinking about the climate crisis, Fixing the Climate is a road map to institutional design that can finally lead to self-sustaining reductions in emissions that years of global diplomacy have failed to deliver.https://scholarship.law.columbia.edu/books/1342/thumbnail.jp

    The Uncertain Future of Administrative Law

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    The growing reliance on guidance ‚Äď a kind of provisional ‚Äúrule‚ÄĚ that invites its own revision or qualification ‚Äď marks a break in the development of the administrative state on the order of the transition from regulation by case-by-case adjudication to regulation by notice-and-comment rulemaking in the 1960s and 1970s. Where rulemaking aimed to correct social shortsightedness by the application of science in the service of law, guidance enables lawful action in the public interest when both science and law are recognized as themselves in need of continual correction. Guidance is the kind of law of which uncertainty admits. The centrality of guidance to contemporary administration, in turn, calls into question politically progressive defenses of the administrative state. These defenses ground the legality and legitimacy of administrative decisionmaking in the technical authority of professional administrators and the democratic authority of their political superiors, two forms of authority that are harmonized and largely self-disciplined by internally-generated hierarchical norms, which also serve as a shield against intrusive judicial review. Today, such deference to authority and hierarchy seems incautious, even reckless. Even when understood as a strategic bargain, necessary to protect the autonomy of the administrative state from a judiciary suspected ‚Äď often rightly ‚Äď of congenital animosity to administration itself, the progressive defense resembles a pact with the devil. The emerging law of guidance, and the reality of uncertainty to which it responds, points toward a different, and more defensible, conception of the administrative state: one that is aware of its own fallibility; that routinely invites challenges to its technical and political authority; and that continually responds to these challenges with reasons that are legible to the courts and to the public at large

    Domain-Specific Plurilateral Cooperation as an Alternative to Trade Agreements

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    At the end of 2017 different groups of WTO members decided to launch talks on four subjects, setting aside the WTO consensus working practice. This paper argues that these ‚Äėjoint statement initiatives‚Äô (JSIs) should seek to establish open plurilateral agreements (OPAs) even in instances where the outcome can be incorporated into existing schedules of commitments of participating WTO members. Designing agreements as OPAs provides an institutional framework for collaboration among the responsible national authorities, transparency, mutual review, and learning, as well as alternatives to default WTO dispute settlement procedures which may not be appropriate for supporting cooperation on the matters addressed by the JSIs. In parallel, WTO members should establish enforceable multilateral principles to ensure OPAs are compatible with an open global trade regime

    The Uncertain Future of Administrative Law

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    A volatile series of presidential transitions has only intensified the century-long conflict between progressive defenders and conservative critics of the administrative state. Yet neither side has adequately confronted the fact that the growth of uncertainty and the corresponding spread of guidance ‚Äď a kind of provisional ‚Äúrule‚ÄĚ that invites its own revision ‚Äď mark a break in the development of the administrative state as significant as the rise of notice-and-comment rulemaking in the 1960s and 1970s. Whereas rulemaking corrected social shortsightedness by enlisting science in the service of lawful administration, guidance acknowledges that both science and law are in need of continual correction. Administrative law has the resources to ensure that the provisionality of guidance does not lead to the abuses that conservatives fear. But to deploy those resources ‚Äď and to carry through the reforms of administrative organization that are their natural complement ‚Äď progressives must rethink their commitments to judicial deference to administrative authority and administrative deference to presidential authority, commitments on which the progressive defense of the administrative state currently depends
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