Lbj Journal of Public Affairs
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LBJ JOURNAL OF PUBLIC AFFAIRS Volume XVII, Issue I Fall 2004 Editors-in-Chief The LBJ Journal of Public Affairs Kevin Beck (ISSN 1087-268X) is produced Stephen Spruiell by students of the LBJ School of Public Affairs at The University Associate Editors of Texas at Austin. Founded in Stephanie Fain 1989, it is the nation’s oldest stu- Matthew Harriger dent-run journal of public affairs. Briana Huntsberger The LBJ Journal is dedicated to Crystal Jones publishing professional quality Kevin Priestner work by the extended LBJ School Cristina Ruggiero-Mendoza community, promoting discourse Micah Sagebiel on contemporary policy issues, John Seale and enhancing the reputation of Laura Sullivan the LBJ School of Public Affairs. President Lyndon B. Johnson LBJ School of Public Affairs believed that through collective Edwin Dorn, Dean discussion and action the needs of people could be met; likewise, the Faculty Advisor LBJ Journal believes that as a result David Warner of diverse and vigorous discourse about public affairs, policies are LBJ School Offi ce of Communications created and initiatives are taken Marilyn Duncan, Director that best serve the interest of citi- Doug Marshall, Production zens everywhere. LBJ School Business Offi ce ©2005, LBJ Journal Don Wallace, Assistant to the Dean of Public Affairs Drawer Y, University Station, Austin, Texas 78713-8925 Phone: 512-471-3200 Fax: 512-471-8455 [email protected] www.lbjjournal.com CONTENTS 5 From the Editors-in-Chief Practitioner’s Corner 7 SENATOR JOHN CORNYN Faculty Corner 11 SHERRI GREENBERG Time for Change: United Nations 17 Charter Rules on the Use of Force KATHLEEN P. CONNELLY Texas School Finance: Return on Investment 27 Analysis of the Robin Hood Era KEN FLIPPIN AND KELLY SHANAHAN Public-Private Partnerships in Parkland LBJ JOURNAL OF PUBLIC AFFAIRS 38 Management: Buenos Aires, Argentina KATHERINE CLARK The LBJ Journal of Public Affairs is produced by graduate students at the LBJ School of Public Af- Designing Reforms: Decentralization fairs at The University of Texas 49 Programs in Peru and Bolivia at Austin. The opinions expressed GONZALO ALCALDE herein are those of the authors and do not necessarily represent the views of the administration or the Failures in U.S. Decision Making Board of Regents of The University 60 in the Middle East of Texas, the administration of the JORDAN TAMA LBJ School of Public Affairs, or the Editorial Board of the LBJ Journal 69 In Support of Democratization: of Public Affairs. Free Trade Unions and the Except as otherwise noted, the LBJ Destabilization of Autocratic Regimes Journal is pleased to grant permis- JOSEPH SIEDLECKI sion for copies of the Journal in whole or part for classroom use, Electronic Trash: Managing provided that (1) a proper notice of 80 copyright is affixed to each copy, Waste in the New Century (2) the author and source are identi- ALEXANDRA RITCHIE fied, (3) copies are distributed at no cost, and (4) the editorial board of Fall 2004 LBJ Journal of Public Affairs the LBJ Journal of Public Affairs is 88 Editorial Board notified of the use. LBJ JOURNAL OF PUBLIC AFFAIRS We would like to express our utmost gratitude to the following organizations for their The Lyndon B. Johnson School of generous contributions to the LBJ Journal of Public Affairs: Public Affairs was established in 1970, fulfi lling a long-held dream of The LBJ School Graduate Public Affairs Council President Johnson for an academic The RGK Center for Philanthropy and Community Service institution aimed specifi cally at pre- The University of Texas Co-Op paring talented men and women for leadership positions in public service. The school offers a master’s degree in public affairs and a Ph.D. degree in public policy. For more informa- tion, write to the Offi ce of Student and Alumni Programs, LBJ School of Public Affairs, Drawer Y, University Station, Austin, Texas, 78713-8925, or visit the school’s website at http:// www.utexas.edu/lbj. In previous years, the LBJ Journal has included a list of professional reports recently completed by LBJ students. Professional reports, a required element of the LBJ School curriculum, are substantial policy papers typically produced by LBJ students in the second year of the program. The LBJ Journal will no longer print a list of these reports as this list can now be found online at http://www.lib.utexas.edu/pal/2000/ index.html. LBJ JOURNAL OF PUBLIC AFFAIRS FROM THE EDITORS-IN-CHIEF The LBJ Journal Editorial Board is proud to present the Fall 2004 edition of the LBJ Journal of Public Affairs. The seven articles selected for publication represent not only the best of a competitive fi eld of submissions, but also the realization of a goal that the LBJ Journal has been working toward for the past three years: to become a forum for public affairs students throughout the United States to present their public policy research. The pool of submissions from which the LBJ Journal selects articles has widened to include LBJ School alumni, graduate stu- dents in other departments at The University of Texas, and public affairs students at other universities. This expansion showcases the work of LBJ School students alongside the best public policy research in the country and puts the Journal on the same level as other professional venues for publishing research. This edition of the LBJ Journal brings together the original work of fi ve LBJ School students, one UT Law student, and students from the Goldman School of Public Policy at the University of California at Berkeley and the Woodrow Wilson School of Public and International Affairs at Princeton University. This goal could not have been reached without the hard work and forward thinking of last year’s editors-in-chief, Vanessa Bouché, Stephen Palmer, and Kelly Ward. Following their example, we will Submissions to the LBJ Journal continue to publish both Fall and Spring editions of the LBJ Journal. should be less than 5,000 words and We will also continue to be the only student-published journal of on a topic relevant to public affairs. public affairs with online-only content, with new student writing Citations and style should conform and Q&As with policy professionals published every two weeks at to the LBJ School Student Pub- the LBJ Journal Online (www.lbjjournal.com). lishing Guide (http://www.utexas. This year we are excited to have formed two new partnerships within edu/lbj/student_res/pubguide/) the LBJ School community that will provide new opportunities for policy and/or The Chicago Manual of discourse. First, we are working with LBJNow!—the new Web periodical Style (15th ed. 2003). jointly produced by the LBJ School and the LBJ Presidential Library—to provide op-eds and feature stories written by LBJ Journal staff. Second, The LBJ Journal of Public Affairs in an effort to provoke dialogue on the role of nonprofi t institutions in is distributed at no cost to members today’s policy environment, the LBJ Journal, in conjunction with the of our subscription list. If you wish RGK Center for Philanthropy and Community Service, is sponsoring to be placed on this subscription the Philanthropy and Community Service Paper Contest. This contest list, please contact the editorial will select a paper that presents original research, data, policy recom- board. Back issues of the LBJ Jour- mendations, and new management strategies in the areas of nonprofi t nal may also be obtained at no cost organizations, philanthropy, community service, and volunteerism. The by contacting the editorial board. LBJ JOURNAL OF PUBLIC AFFAIRS 6 FROM THE EDITORS-IN-CHIEF FALL 2004 winning paper will be published in the Spring 2005 sor Curtis Meadows at the RGK Center has also issue of the LBJ Journal. been invaluable in establishing our new partner- As always, we have many people to thank. Pub- ships. We would also like to thank Professor Paul lication of the Journal would not be possible with- Burka, Dr. Betty Sue Flowers, Dr. Ken Matwiczak, out the hard work and calm guidance of Marilyn Don Wallace, Joe Youngblood, and many others for Duncan and Doug Marshall in the LBJ Office of their counsel and encouragement, and last but not Communications. The assistance of María de la Luz least, the LBJ Graduate Public Affairs Council for Martínez in conjunction with LBJNow! and Profes- all of its support. LBJ JOURNAL OF PUBLIC AFFAIRS PRACTITIONER’S CORNER ENSURING THE CONSENT OF THE GOVERNED: AMERICA’S COMMITMENT TO FREEDOM OF INFORMATION AND OPENNESS IN GOVERNMENT We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. Declaration of Independence, July 4, 1776 A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: JOHN CORNYN And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives. John Cornyn was elected to the Letter from James Madison to W. T. Barry, August 4, 1822 United States Senate in 2002. He is the fi rst U.S. Senator from Texas since For the last two decades, I have been blessed with the opportunity to 1961 to serve on the Senate Judiciary serve my fellow Texans in a variety of government positions across all Committee, which has jurisdiction three branches of government. Yet these years of service in a diverse over federal government informa- range of offi ces share some common and important threads.