Social and Behavioral Sciences Commons^™

Stuart Chase And Red Scare #2, 1946-1954, Richard Vangermeersch

Special Collections (Miscellaneous)

I have written an academic piece, “The Marking of Stuart Chase As a ‘Red Accountant’--An Epic (1917-1921)” on Stuart Chase (SC) and Red Scare #1, 1917-1921. The current piece is a much more casual type writing and, hopefully, will be a part of the SC website. My purpose in this piece is to illustrate how SC was smeared in the Reece Committee Report of 1954 without any possibility of retort before the Committee. This piece might inspire a much more academic work on the Reece Committee--a rich topic indeed. This piece also shows that SC was a marked man by …

The Marking Of Stuart Chase As A "Red Accountant" - An Epic (1917-1921), Richard Vangermeersch

Special Collections (Miscellaneous)

There has been recent scholarship by Bradley and Merino (1994) and Vangermeersch (2005) on this event and the subsequent eventual firing of Stuart Chase by the FTC. Bradley and Merino’s scholarship was limited to 1918 and 1919. Vangermeersch’s scholarship was limited to two narrow time periods (Oct. 20, 1919 and then from June 1920 to mid January 1921). This piece is written to extend the time frame from early 1917 through August of 1921. This piece, not only takes a broader time period, also broadens the scope of the prior scholarship. This piece examines many documents, articles, and testimony not …

La Représentation Du Politique Dans La Littérature Gabonaise, Jean René Ovono Mendame

Présence Francophone: Revue internationale de langue et de littérature

From which viewpoint do Gabonese writers relate to the realities of the political and social policies of their country and what place do political players occupy in their works? Why do they hesitate so much to denounce the problems of their society? Why is there such a pronounced silence within their literary works? This article raises these delicate and complex questions. The report produced on the evolution of Gabonese writing affirms that writers’ silence is the product of self-censorship. They are condemned to fear saying anything, not only because of potential reprisals, but because they are, for the majority, political …

Privatization And The Law And Economics Of Political Advocacy, Alexander Volokh

ExpressO

A common argument against privatization is that private providers, motivated by self-interest, will advocate changes in substantive policy. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison industry will distort the criminal law by advocating incarceration.

This “political influence” argument applies at least as well to public provision: Government agencies, too, lobby for changes in substantive law. In the prison industry, for instance, it is unclear whether private firms advocate incarceration to any significant extent, but public guard unions are known to do so …

Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns

Human Rights & Human Welfare

A review of:

New Terror, New Wars by Paul Gilbert. Washington, DC: Georgetown University Press, 2003. 176pp.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

The Conditional Effects Of Ideology And Institutional Structure On Judicial Voting In State Supreme Courts, Jeff L. Yates, Paul Brace, Brent Boyea

ExpressO

Two enormously influential perspectives on courts offer fundamentally different predictions about court outcomes and the effects of judge ideology on those outcomes. Well-known to political scientists studying courts, the ideological voting (IV) literature argues that judge ideology is a strong predictor of court outcomes and that those outcomes should be proximate to the policy preferences of courts. Less known to political scientists but highly influential, the law and economics perspective (LE) focuses on settlement behavior of litigants who try to minimize costs and thus estimate likely outcomes in court, and settle simpler cases pre-trial. In this case selection process litigants …

The Genetic Basics Of Political Cooperation, James H. Fowler, Laura A. Baker, Christopher T. Dawes

Department of Political Science: Hendricks Symposium

Cooperation has been a focus of intense interest in the biological and social sciences. Yet in spite of a tremendous effort to develop evolutionary models and laboratory experiments that explain the existence of cooperation in humans, relatively little effort has been invested in documenting the prevalence of largescale cooperation in well-mixed populations and the extent to which it may be the result of biological or social forces. In this article we study voter behaviour as a form of cooperation that bears close resemblance to theoretical models in which individuals in a large population make anonymous decisions about whether or not …

The Role Of Incentive Design In Parliamentarian Anti-Corruption Programmes, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

What incentive do parliamentarians have to implement anti-corruption recommendations made by organisations such as the Inter-Parliamentary Union? This paper discusses how national anti-corruption programmes can be designed to be politically palatable to MPs.

Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett

Cornell Law Faculty Working Papers

Despite over a century’s disputation and attendant opportunity for clarification, the field of inquiry now loosely labeled “welfare economics” (WE) remains surprisingly prone to foundational confusions. The same holds of work done by many practitioners of WE’s influential offshoot, normative “law and economics” (LE).

A conspicuous contemporary case of confusion turns up in recent discussion concerning “fairness versus welfare.” The very naming of this putative dispute signals a crude category error. “Welfare” denotes a proposed object of distribution. “Fairness” describes and appropriate pattern of distribution. Welfare itself is distributed fairly or unfairly. “Fairness versus welfare” is analytically on all fours …

The Death Of The Doha Round. What Next For Services Trade?, Rafael Leal-Arcas

ExpressO

With the indefinite suspension of the WTO multilateral trade negotiations in July 2006 by WTO Director-General Pascal Lamy, the world trading system must now find ways and means to unblock what is perceived as a danger to the world order. This article analyzes the legal and policy implications of the currently fatal Doha Round for the two main developed WTO Members, i.e., the U.S. and the EC, and the most relevant developing countries of the WTO. The specific focus of attention will be mainly on services trade. Thoughts on alternative ways to move forward in the multilateral trading system are …

Corporations And The Lateral Obligations Of The Social Contract, Benedict Sheehy

ExpressO

Social contract theorists suggest that society at some level is based on the idea that human people surrender freedom for the privilege of participating in society. That participation implicitly requires more than mere minimal compliance with law. Each human person’s contribution to society above the legal baseline, permits humans to create a society that is at least tolerable. Corporations as non-human act without regard for these supra-legal obligations which results in society suffering injustice. Corporate participation in society has become increasingly unjust and has done so to the extent that we may speak of living in a post-ethical world.

China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto

ExpressO

The on-going challenge in economic development and globalization, particularly for developing countries, is the issue of development and equality in society. The issue becomes particularly problematic when confronted in matters of international trade. Often misnamed anti-globalization activists and pro-globalization activists fail to take note of the underlying assumptions that lead them to conflict—namely, the actual costs and benefits to society that result from their particular positions. In essence, both activists are searching for ways to improve the lives of people in the domestic context and to minimize the damage to their society and environment. China’s impressive economic record is threatened …

Corporations And Social Costs: The Wal-Mart Case Study, Benedict Sheehy

ExpressO

This article examines the role of the corporate vehicle in the creation of social costs. The article identifies some of the political commitments and philosophies behind the differing notions of corporations. Social costs are those activities which result from business activity and cause uncompensated harm to society. The founding contribution to the law and economics discussion by Ronald Coase is given a thorough treatment. The paper next, turns to the dominant explanation of corporate structure, namely the law and economics model developed expounded by Easterbrook and Fischel. It then applies the theoretical discussion in a case study of the world’s …

Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy

ExpressO

Trade, economists and trade theorists advise, is a mutually beneficial exercise. Among this group, a particular set of advocates, claim that “Free Trade” is in the interest of all parties. As will be demonstrated, Free Trade is not truly “free” but an exercise of foreign policy and the implementation of policies favouring wealthy corporate interest groups. Free Trade is controlled by wealthy nations who have stacked the rules in favour of themselves, and in particular their corporate interests, and against the poor producers in poor nations. This control is used contrary to fairness, economic and ecological logic. Fair trade, by …

Recent Defined Benefit Pension Reform: Reasons And Results, Daniel B. Klaff

ExpressO

In the face of corporate bankruptcies, the Pension Benefit Guaranty Corporation (“PBGC”) assures workers that their defined benefit pensions will be protected. It is this fact which has motivated recent reform of the PBGC and the overarching defined benefit plan system by Congress. This paper explores those reforms by addressing the reasons for and results of the most recent reform which had as its primary aim restoring the fiscal solvency of the PBGC. The paper challenges popular accounts of the reform process while examining the results of such reform for important stakeholders without resorting to an overly technical discussion of …

Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

No abstract provided.

'A Hundred Flowers Bloom': The Re-Emergence Of The Chinese Press In Post-Suharto Indonesia, Chang Yau Hoon

Research Collection School of Social Sciences

During the whole 32 years of Suharto’s regime (1966–98), Chinese publications and the use of Chinese language in public were officially banned in Indonesia. As a result, printed matter in Chinese characters that entered Indonesia was classified as ‘prohibited imports’ (Heryanto 1999: 327). This prohibition came to an end after the fall of Suharto, as part of the process of democratization and Reformasi. The post-Suharto era of Reformasi is thus celebrated for the dramatic revival of the freedom of the press and media in Indonesia and many previously banned as well as new publications have emerged since Suharto’s fall. The …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Elections, Violence And Democracy In Iraq, Shaheen Mozaffar

Bridgewater Review

No abstract provided.

Review Essay: Radicals In Robes , Dru Stevenson

ExpressO

This essay reviews and critiques Cass Sunstein’s new book entitled Radicals in Robes. After a discussion of Sunstein’s (somewhat misleading) rhetorical nomenclature, this essay argues that Sunstein’s proposed “minimalist” methodology in constitutional jurisprudence is beneficial, but not for the reasons Sunstein suggests. Sunstein alternatively justifies judicial restraint or incrementalism on epistemological self-doubt (cautiousness being an outgrowth of uncertainty) and his fear that accomplishments by Progressives in the last century will be undone by conservative judges in the present. Constitutional incrementalism is more convincingly justified on classical economic grounds. While affirming Sunstein’s overall thesis, this essay offers an alternative rationale for …

Lifeways In The Northern Mayan Lowlands: New Approaches To Archaeology In The Yucatán Peninsula, Jennifer P. Mathews, Bethany A. Morrison

Faculty Authored and Edited Books & CDs

The flat, dry reaches of the northern Yucatán Peninsula have been largely ignored by archaeologists drawn to the more illustrious sites of the south. This book is the first volume to focus entirely on the northern Maya lowlands, presenting a broad cross-section of current research projects in the region by both established and up-and-coming scholars. To address the heretofore unrecognized importance of the northern lowlands in Maya prehistory, the contributors cover key topics relevant to Maya studies: the environmental and historical significance of the region, the archaeology of both large and small sites, the development of agriculture, resource management, ancient …

Entertaining Politics And The College Student, Alexandra Rubin

Senior Honors Projects

Mass media is crucial in forming and reflecting opinion in society. Newspaper, television, and the internet all play a critical role in the daily lives of Americans; disseminating information that shapes views of life, culture, and politics. It seems like all forms of media communication, either subliminally or blatantly, reflect the political climate of the day. The news media flood American homes with images, audio, and commentary on political happenings. My questions are as follows: How much basic political knowledge does an average college student possess? Where does the average college student receive his or her political knowledge? Does celebrity …

Senseless Kindness: The Politics Of Cost Benefit Analysis, Louis E. Wolcher

ExpressO

This essay identifies a social phenomenon that the Russian-Jewish novelist and war correspondent Vasily Grossman calls "senseless kindness." Emerging without prior warning from certain face-to-face encounters between human beings, the striking reversal of preferences that characterizes this phenomenon can be used to cast a critical light on the practices of Cost Benefit Analysis ("CBA"). Not only does senseless kindness highlight the troubling theoretical problem of determining the "correct" ex ante—the point in time at which CBA measures people's preferences—it also points towards the possibility of a more general critique of CBA's indifference to how preferences are formed and expressed. The …

"One Person, One Vote, And The Constitutionality Of The Winner-Take-All Allocation Of Electoral Votes", David A. Schultz

David A Schultz

The winner-take-all method of allocating electoral votes in presidential races is the norm among states, yet nowhere in the Constitution is this practice mandated. This article contends that the winner-take-all allocation of electors unconstitutionally magnifies the battleground states' influence on the final Electoral College tally and that these inequities cannot be reconciled with the principle of one-person, one-vote that the US Supreme Court articulated in the landmark Reynolds v. Sims. In 1966 the Supreme Court declined to hear a case contesting the constitutionality of the winner-take-all system based on the one person, one vote, principle. It is time for the …

Buried Online: State Laws That Limit E-Commerce In Caskets, Jerry Ellig, Asheesh Agarwal

ExpressO

Consumers seeking to purchase caskets online could benefit from the Supreme Court’s 2005 decision that states cannot discriminate against interstate direct wine shipment. Federal courts have reached conflicting conclusions when asked whether state laws requiring casket sellers to be licensed funeral directors violate the U.S. Constitution’s Due Process Clause. In Powers v. Harris, the 10th Circuit even offered an unprecedented ruling that economic protectionism is a legitimate state interest that can justify otherwise unconstitutional policies. In Granholm v. Heald, however, the Supreme Court declared that discriminatory barriers to interstate wine shipment must be justified by a legitimate state interest, and …

The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy

ExpressO

Neuroeconomics – the study of brain activity in people engaged in tasks of reasoning and choice – looks set to be the next behavioral economics: a set of findings about how people make decisions that casts doubt on widely accepted premises about rationality and social life. This essay explains what is most exciting about the new field and lays out some specific research tasks for it.

By enabling researchers to view the mind at work, neuroeconomics puts in question the most basic premise of twentieth-century empiricism, sometimes called positivism or behaviorism: that people are black boxes to one another, and …

Regulatory Status Of Voip In The Post-Brand X World, Jerry Ellig

ExpressO

During the past several years, the Federal Communications Commission has engaged in a series of rulemakings to determine the regulatory status of Voice over Internet Protocol (VoIP). The Supreme Court’s Brand X decision clarifies that even if the FCC’s determination conflicts with that of a court, the FCC’s judgment holds sway as long as the decision is reasonable. We believe that VoIP should be classified as an information service, rather than a telecommunications service, for several reasons. First, the Internet Protocol nature of VoIP technology means that it functions like an information service, rather than a telecommunications service. Second, in …

Backlash To Globalization In The Form Of State Legislation: Constitutional Implications, John R. Weber

ExpressO

This paper will examine the Constitutional issues raised by the influx of state anti-outsourcing legislation using a recently enacted New Jersey statute. The New Jersey statute is very similar to, and contains many of the same features as, many other bills introduced in legislatures across the nation. Moreover, the political impetus for the introduction and enactment of the legislation reflects the struggle over the outsourcing issue that is occurring in communities nationwide.

The New Biopolitics: Autonomy, Demography, And Nationality, Jedediah S. Purdy

ExpressO

No abstract provided.