bluuebunny/crossref_metadata_2025 huggingface dataset:
UNPUBLISHED OPINIONS AT THE FEDERAL APPELLATE LEVEL: JUDICIAL WINDFALL OR DEMOCRATIC PITFALL?
Authors: Morris Mary G. , Cline Paul C. , Eksterowicz Anthony
Published: August 2010

The subject of limited publication of judicial opinions has generated controversy among students and practitioners of the law. Originally this tool was perceived as a viable method for providing some relief to judges from the burden of increasing caseloads. Because of the lack of uniformity and subjectivity of the publication, distribution and citation rules in the federal appellate circuits, the limited publication scheme can have a detrimental effect on the perception of equity in the law, judicial accountability and responsibility and overall judicial fairness. The authors explore these problems by examining recent data on the federal courts of appeals and offer proposed modifications to the use of this popular judicial tool.
STUDYING AUTHORITARIANISM: TOWARD AN ALTERNATIVE METHODOLOGY
Authors: Rhoads James C. , Sun Tung‐wen
Published: August 2010

Over forty years of research into the authoritarian personality has largely revolved around the measuring instrument, i.e., scales. Taking Altemeyer's Right‐wing Authoritarianism scale (1988) as illustrative of the orthodox approach to studying authoritarianism, we subjected high scorers, in both the United States and Taiwan, to Q factor analysis. This analysis demonstrated a secondary viewpoint, unrelated to a conventional understanding of authoritarianism, that would have been obscured by scale measurement. However, we show this information to be available even to those who use psychometric methods to study the phenomenon.
THE ROLE OF IDEOLOGICAL SELF‐IDENTIFICATION IN THE 1988 AND 1992 PRESIDENTIAL ELECTIONS
Authors: Scheb John M. , Lyons William
Published: August 2010

There is a reasonable degree of scholarly consensus that ideology, at least defined as self‐placement on the liberal‐conservative continuum, plays a significant role in mass voting behavior. By most accounts, ideological identification played a major role in the 1988 presidential election. In that contest, the Bush campaign successfully employed a strategy of defining Dukakis as a ‘liberal.’ However, the ‘L word’ was less prominent in the 1992 campaign. Does that mean that ideological self‐identification was less of a factor in determining peoples' voting behavior in 1992? Using our own survey data, as well as the 1988 National Election Study, we find that ideology had approximately the same impact in 1992 as it had in 1988. However, there is evidence that the American voting public moved slightly toward the liberal end of the ideological spectrum. Despite a very different electoral outcome, the patterns underlying the vote in the 1988 and 1992 elections are remarkably similar.
THE RUSSIAN FEDERATION'S POST‐COMMUNIST FOREIGN POLICY
Authors: Barylski Robert V.
Published: August 2010

The essay is a brief, analytical history of the critical formative years of the new Russian state's foreign policy. The author argues that changes in the Russian Federation's post‐Communist foreign policy take place within definable parameters. These are presented ar an analytical system with five major components: a)Russia's position on nationalism, b) level of world power ambition, c) sphere of influence, d) civilizational orientation, and, e) national political ideology. Each component is a set of competing ideas arranged along a policy spectrum. The Yeltsin administration is placed on each spectrum and is shown debating its foreign policy values with competing views. Yeltsin's foreign policy emerges as the product of an interaction between classical foreign policy analysis and domestic and international political competition. It is seen as progressively adjusting to Eurasian pressures but resisting efforts to abandon the general Western orientation it inherited from the Gorbachev era.
AGENDA SETTING AT THE STATE LEVEL: THE NEUTRALIZATION OF ENTREPRENEURIAL POLITICS IN VIRGINIA'S LAND USE INITIATIVE
Authors: van Assendelft Laura
Published: August 2010

How an issue reaches the agenda is determined in part by which of several types of policy are involved, and each policy type is in turn distinguished by particular patterns of participation. This case study of Virginia's land use initiative tests both Cobb and Elder's theory of agenda setting in general, and Wilson's theory of the particular pattern of entrepreneurial politics within regulatory policy agenda setting. The results suggest the need for modification of Wilson's theory, which did not predict that both sides of the issue would engage in entrepreneurial behavior, thus neutralizing the expected pattern of entrepreneurial politics.
PARTY COMMITTEES, NONCONNECTED PACS, AND AFFILIATED PACS IN STATE ELECTIONS: SAME SPECIES OR DIFFERENT POLITICAL ANIMALS?
Authors: King James D. , Robin Helenan S.
Published: August 2010

Research on national‐level multicandidate committees has discredited the notion that all PACs are alike. Doubts remain, however, regarding statelevel multicandidate committees. This research examines the differences among three types of political committees: political party committees, nonconnected PACs, and affiliated PACs. The results show that party committees and affiliated PACs are quite distinct from one another. However, nonconnected PACs share a number of traits and thus constitute a somewhat unique category of multicandidate committee.
WHAT IF YOU HELD A DEBATE AND ONLY ONE SIDE SHOWED UP?
Authors: Menard Brian Paul
Published: August 2010

All too many students of international relations tend to dismiss postpositivist discourse, Richard Ashley writes, as “new wave,” “Parisian jargon,” and a “passing trend.” Yet, postpositivism is not entirely new wave, it is more than the sum parts of its jargon and its method, and it is proving to be other than a passing trend in international relations. Neither postpositivist nor assuredly modernist, this paper is an overview of the third debate in international relations and a call to engage and counter the postpositive challenge. It is an effort at mediation between the postpositivist discourse and the discipline of international relations, identifying common areas of interest and knowledge which may help to make this discourse less obscure and remote. The thesis advanced is similar to that of Pauline Rosenau who suggests that the immediate relevance of postpositivism for an understanding of international relations lies in its “substantive themes.” In fact, some postpositivist themes have parallels in both the classical and positivist discourses of international relations.
HOW MUCH IS DEMOCRACY WORTH? MARKETING DEMOCRACY AND POST‐COLD WAR SECURITY
Authors: Tuchman Paula S.
Published: August 2010

As more countries adopt democratic government, their foreign policies increasingly emphasize their democratic commitment. If democracies do not go to war against each other, and physical insecurity still threatens, displaying one's democracy, or marketing it, is useful for demonstrating one's membership in, and commitment to the democratic community. In turn, marketing ultimately enhances a state's physical security. Marketing includes both substantive (deed) and rhetorical (verbal) dimensions. Theoretically, marketing may be better explained by international society perspectives rather than by classical realism. The experiences of the new state of Kyrgyzstan illustrate marketing and its potential rewards.
MUNICIPAL FISCAL HEALTH AND PRIVATIZATION
Authors: Greene Jeffrey D.
Published: August 2010

Is privatization related to municipal fiscal health? Are privatization levels higher in fiscally healthy or fiscally stressed cities? Where are cities that use large amounts of privatization located? In this inquiry the privatization levels of mid‐sized cities are explained by examining their fiscal and demographic characteristics. The findings suggest that cities with high privatization levels tend to be fiscally healthy and located in suburban areas. The results also suggest that fiscal stress, tax burden, and the magnitude of debt are lower in cities that use large amounts of privatization.
PARTISAN BIAS IN STATE LOWER HOUSE ELECTIONS: A DISTRICT‐LEVEL SEARCH FOR GERRYMANDERING
Authors: Wink Kenneth A.
Published: August 2010

In this study I explore the relationship between partisan votes and seat allocation in US state lower‐house elections. Specifically, I measure the partisan bias (asymmetry in the seats‐votes relationship) of 441 lower house state legislative elections in 46 states from 1968 to 1987. I then test to see if redistricting affects the level of partisan bias found in the election immediately subsequent to the redistricting. The results of the analysis are mixed. While party control of redistricting does have the hypothesized effect in eight of the nine election years, only in 1970, 1976, and 1982 do gerrymandering effects reach statistical significance. The results support recent studies that suggest that gerrymandering at the state level is not always successfully attempted but does occasionally occur.
REDEFINING CONSTITUTIONAL BOUNDARIES: FEDERALISM IN THE REHNQUIST COURT
Authors: Winkle John W.
Published: August 2010

On the fundamental distribution of power between states and nation, the record of the Rehnquist Court is mixed. While it has supported state prerogatives in selected areas such as criminal justice, the Court is much less sympathetic in threshold questions of federalism. Using the Commerce Clause, especially in its dormant or negative form, the Court continues to promote federal preemptive efforts. The strength of the ruling in Garcia intensifies almost by default as the Court fails to inquire systematically into the foundational principles of contemporary federalism. The protection of state interests remains in the national political process, not in the judiciary.
PRIVACY, PROTEST, AND THE REHNQUIST COURT
Authors: Whitney Sharon G.
Published: August 2010

This article reviews and analyzes decisions of the Rehnquist Court involving the interpretation of constitutional rights applicable to both abortion access and antiabortion protest. By the mid‐1990s the Court was attempting to balance the rights of antiabortion protesters with the rights and interests of those seeking and performing abortions. In previous Terms the Rehnquist Court had reaffirmed the central holding in Roe v. Wade (1973). Nonetheless, conservatives on and off the Court continued to push for the overruling of Roe. Moreover, antiabortion activists persisted in their efforts to inhibit access to abortion clinics and their operations.

The first part of this article develops a model of pragmatic jurisprudence and its application to privacy issues, with emphasis on abortion interests. The second part focuses on the abortion cases brought before the Rehnquist Court, with one section covering cases decided prior to the 1993 Term, and another section covering abortion protest cases decided during that Term. The article concludes with observations about alternative approaches in this complex area of political jurisprudence, giving particular attention to the views of Justice Scalia.
RETURN OF THE SOLID SOUTH? EXPLORING PARTISAN REALIGNMENT IN MISSISSIPPI
Authors: Shaffer Stephen D. , Johnson Monica
Published: August 2010

Modern Republican gains in the South culminating in the 1994 GOP congressional landslide have sparked renewed interest in the possibility that we are in a realigning era. Statewide opinion polls from a key southern state over a sixteen‐year time frame illustrate considerable change in the public's partisan identifications, especially among white conservatives. Republican gains may also be prompted by positive public reactions to GOP presidents and a governor and negative reactions to their Democratic counterparts. Yet adroit actions by pragmatic white Democratic officeholders and emerging Republican factionalism have hindered further GOP gains in state offices, illustrating the continuing relevance of dealignment as people vote for the candidate instead of the party.
THE CONSERVATIVE COALITION IN A NEW ERA: REGIONALISM AND IDEOLOGY
Authors: Young Cheryl D. , Hindera John J. , Thielemann Gregory S.
Published: August 2010

Although never constituting a majority in either chamber of Congress, the South's representatives have shown remarkable prowess in blocking liberal legislation. This reality was central to Key's conceptualization of a conservative coalition in 1949 and to Congressional Quarterly's development of a conservative coalition index in 1957. Since these events, the South stopped sending a homogenous delegation of white male Democrats to Congress. Due to the inclusion of Republicans and minorities in the South's congressional delegation, a re‐examination of the way we learn about the region's legislative influence is needed. In this paper we propose two variations of CQ's model that allow us to more accurately explore the longitudinal influence of the South in Congress.
ELECTION RELATED BEHAVIORAL OUTCOMES: TELEVISED NEGATIVE CAMPAIGN MESSAGES
Authors: McBride Allan , Toburen Robert , Thomas Dan
Published: August 2010

The research reported in this paper is an examination of the self‐reported systemic effects of negative campaign advertising. Subjects in a series of field experiments conducted in 1986, 1988, and 1990 were exposed to televised negative campaign advertising within several nights prior to an election. The stimulus ads were taken from those aired as part of actual election campaigns. Using aposttest only control group design the authors examined for differences between groups in terms of voter turnout, controlling for the voter interest in politics and whether the campaign was for the presidency or Senate. Support was found for the notion that negative campaign ads depressed voter turnout under some conditions. The authors also found that negative advertising may stimulate voter activity under some conditions.
NORTH CAROLINA EMPLOYEE PERCEPTIONS IN THE EVALUATION OF SUPERVISORS: PUTTING THE SUPER IN SUPERVISOR
Authors: Daley Dennis M. , Vasu Michael L.
Published: August 2010

Assuming a capable and willing workforce, most organizations succeed or fail due to the quality of the direction provided by their leaders and managers. The first‐line supervisor is a major linking pin in the chain of organizational outputs. Using a random sample of North Carolina state employees, this paper explores dimensions of supervisory effectiveness. Employing regression analysis with cross‐sectional data, it examines employee attitudes linked to the evaluation of their supervisor. Eliminated as important predictors of supervisory effectiveness were numerous extraneous factors—education, paygrade level, race, and gender. The remaining job and work characteristics (job satisfaction, degree of political interference, and efforts at team building), variables over which supervisors indeed exercise some degree of direct control, were clearly related to evaluation of supervisory effectiveness. This research, focused on public sector workers, underscores that in terms of supervisory evaluations employees take pains to link authority and responsibility.
Toward a New Understanding of Alternative Service Delivery: Why Do Local Governments Decide to Contract Out?
Authors: Korosec Ronnie LaCourse
Published: August 2010

There is limited empirical evidence on why municipal contracting takes place. To fill this void, this research presents a comprehensive model of service contracting which incorporates the economic, demographic, political, organizational, and legal variables that influence contracting decisions. The types of factors which influence the decision to contract out are identified through regression analysis and case studies. Economic‐based factors, demographic factors, and organizational factors are found to be the most important determinants of local contracting decisions. These findings are an important addition to understanding the municipal service delivery decision‐making process.
PATHWAYS TO POWER ON THE FAR RIGHT: ELITE RECRUITMENT IN THE FRENCH NATIONAL FRONT
Authors: DeClair Edward G.
Published: August 2010

New Right political parties are becoming more important in many advanced industrialized societies. Although much has been written about the issues addressed by these parties, little systematic attention has been paid to the elite composition and recruitment patterns of these important political actors. This study attempts to fill that void by examining the elite composition and recruitment pathways of one of these far right parties, the French National Front. Conclusions are drawn about the primacy of the party's current and only president, Jean‐Marie Le Pen, in acting as the “gatekeeper” to party leadership. In addition, this analysis provides important information about the party's future electoral viability.
RATIONAL CHOICE AND SUPREME COURT DECISION MAKING: A REVIEW ESSAY
Authors: Brenner Saul
Published: August 2010

This review essay offers a broad overview of the history of the uses of rational choice theory to study decision making on the Supreme Court and presents and critiques two topics from the past. The first involves the size of the opinion coalitions on the Court and the second concerns the outcome‐prediction strategy in certiorari voting. The two models regarding the size of the opinion coalitions are shown to be based on unrealistic assumptions, while there is empirical support for the outcome‐prediction strategy. These mixed results are explained. This essay also suggests a list of questions for possible future research.
‘REPUBLICANIZING’ KANT'S REPUBLIC: MAKING POLITICS‘ TRIBUTE TO MORALITY COUNT
Authors: Roulier Scott
Published: August 2010

This article explores the relationship between Kant's political and moral thought. I argue that the “homage” Kant claims politics should pay to morality, if it is to be authentic, cannot be understood as the mere establishment of a system of public justice (Recht). While public justice ensures that the external freedom or capacity for choice of each is harmonized with the same freedom in all—a moral concern—it necessarily remains indifferent to the quality of will that under girds this liberal order. Similarly, Kant s attempt in the Critique of Judgment to link politics to morality via “culture”—a virtue‐oriented Bildung resting securely on the foundation of a “civil community”—proves, by Kant's own standards, to be flawed. However, lying dormant in Kant's philosophy is another avenue connecting politics and morality—participatory democracy. Although this alternative was not advocated by Kant, I demonstrate that his writings gesture toward it, that it is not inconsistent with the spirit of either his moral or political philosophy.
CONSTITUENCY INTEREST AND CONGRESSIONAL SUPPORT FOR THE PRESIDENT ON FOREIGN TRADE ROLL‐CALL VOTING
Authors: Muir Edward
Published: August 2010

The literature on executive influence in Congress has paid little attention to the role of salient constituency interests in presidential support. District‐level data on economic activity is used here to model the effect of this interest on legislators' opposition to the president on foreign trade policy votes where the president's position would be detrimental to constituency groups. The constituency variable has a powerful effect on decision making to oppose the president. The results also reinforce the importance of factors commonly associated with presidential influence, as well as the effect of the partisan and policy contexts.
DOES THE JUDICIARY DOMINATE THE BUREAUCRACY? A SIMPLE THEORY OF BUREAUCRATIC COMPLIANCE
Authors: Chard Richard E.
Published: August 2010

The question of who dominates the bureaucracy has been the subject of much political science research for the past two decades. The role that the judiciary plays in bureaucratic control has generally been neglected, although statistics show overwhelming compliance by federal agencies with court rulings. This paper examines the reason for the overwhelming compliance by the bureaucracy with court decisions. First, a decision theoretic model is used to find out what factors influence compliance. The insight of this model points to the decision ratio of the majority as the most important factor. This is then tested empirically using a random sample of administrative law cases. The empirical test generally supports the conclusion of the decision theoretic model.
ELECTRONIC VOTING MACHINES AND CITIZEN PARTICIPATION IN STATE JUDICIAL ELECTIONS: TOWARD GREATER JUDICIAL ACCOUNTABILITY?
Authors: Nichols Stephen M.
Published: August 2010

The role of elections in promoting accountability to popular sentiment is a central tenet of democratic theory. The extent to which such accountability is enhanced in judicial elections in the American states, however, is threatened by low levels of citizen involvement in contests for the state judiciary—due in part to ballot roll‐off: many voters, though already at the polls, simply ignore judicial contests. Critics of elections as a means of selecting state judiciaries contend that high ballot roll‐off renders citizen participation too low for such elections to secure greater judicial accountability. This research—an analysis of seventy‐one Kentucky counties voting in recent state supreme court elections—suggests that an emerging electoral technology, the electronic voting machine, substantially reduces ballot roll‐off in judicial elections, thereby increasing citizen participation in state judicial elections. These findings have significant implications for the debate over judicial selection by popular ballot.
Interest Groups' Lobbying Tactics in Japan and in the U.S.: The Influence of Political Structures and Conflict on Tactical Choices
Authors: Ishio Yoshito
Published: August 2010

This paper classifies lobbying tactics into inside and outside tactics. Inside tactics are lobbying methods which require interest group lobbyists to make direct contact with policy makers. Outside tactics are lobbying methods with which interest groups appeal to their group members, to constituencies in particular districts or states, and/or to the general public. By comparing Japanese and U. S. interest groups in the labor policy domains in the 1980s, this paper examines how political structures and conflict level influence interest groups' lobbying tactical choices. The study finds that on average, a majority of Japanese interest groups use only inside tactics, while a majority of U. S. interest groups employ both inside and outside tactics. The study also finds for both Japan and the U.S. that the greater the level of conflict associated with a policy event, the more likely interest groups are to use both inside and outside tactics, and the less likely they are to use only inside tactics.
Economic Development Choices and the Politics of Violence in Latin America
Authors: Wood Stephen P.
Published: August 2010

Do the economic development choices made by political elites impact political participation? Shepsle and North argue that to facilitate development political leaders must formalize those institutions protecting property and contract rights. The relationship between “institutional formality” and economic diversification has been empirically substantiated by Wood and Snider, who also find that political outcomes (growth in government size, transitions toward democracy) are sensitive to structural changes. Specifically, does the structural shift toward market driven development mitigate violent political participation? Does civil war or political terrorism give way to more peaceful politics as economies liberalize? Using data for eleven Latin American countries and OLS, the results are auspicious. They show that, consistent with Snider and Wood, when elites choose to institutionally protect property and contract rights and follow a market driven model, they dampen violent political participation and encourage peaceful political participation.
Transparency and the Effectiveness of Multilateral Nonproliferation Export Control Regimes: Can Wassenaar Work?
Authors: Craft Cassady B. , Grillot Suzette R.
Published: August 2010

In March 1994 the Coordinating Committee for Multilateral Export Controls (COCOM), which for 45 years controlled weapons and weapons‐related trade with the Soviet region, ceased to exist. In December 1995 thirty‐three countries (including all the former COCOM members and many of its former targets) created COCOM's successor, the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual‐Use Goods and Technologies. This new multilateral export control mechanism promised to enhance the control of strategic trade through “openness…[and] information sharing about arms and technology transfers.” This study examines the impact of such openness or transparency on the ability of states to control effectively the export of sensitive goods and technologies. Employing a unique and original method for measuring national export control systems, the study finds that transparency may in fact negatively affect a state's capacity to prevent the proliferation of sensitive items. Based on these preliminary findings, the study suggests that the Wassenaar Arrangement's prospects for nonproliferation success, given its emphasis on transparency, may be grim.
Diffuse Support, Specific Support and Attentiveness: Components of the Public's Assessment of the Supreme Court
Authors: Scheb John M. , Lyons William
Published: August 2010

Political scientists have identified two principal dimensions of support for the Supreme Court, namely, “diffuse” and “specific” support. This paper examines the relationship between diffuse and specific in the context of a model of overall evaluation of the Court. Using data from a national survey, the paper demonstrates that specific support, which is in effect a policy‐based evaluation, and diffuse support, which is more of a normative evaluation, are both important components of the public's assessment of the Court's overall performance. However, the paper shows that the impact of diffuse and specific support on overall evaluation of the Court varies according to levels of attentiveness to the Court. Specifically, the more attentive segment of the population relies heavily on the normative criteria that underlie diffuse support and to a lesser extent on the policy‐based criteria that underlie specific support. The least attentive segment of the population is less able to utilize both normative and policy‐based criteria and consequently relies mainly on its general attitudes about government.
A WOMAN OF MANY FIRSTS: THE HONORABLE LENORE PRATHER
Authors: Wall Diane E.
Published: August 2010

The number of women who have served on a state Supreme Court is not representative of the number of women lawyers in the United States. Even fewer women have achieved the position of Chief Justice. Lenore Prather is one of three women Chief Justices in the southern United States. This article applies judicial scholarship on career background, selection process, and decision making to compare Prather's experience to that of male colleagues on her Court and other women justices. Also, Prather's service as Chief Justice is compared to that of Chief Justice Susie Sharp of North Carolina. This study of Prather confirms significant findings about women judges, but it also requires caveats. The analysis of her decision‐making places Prather in a centralist position on her Court. Both Prather and Sharp may be described as having a “mixed voice” role orientation in their case decision making, yet there are interesting differences between them.
TORT DECISIONS AND CAMPAIGN DOLLARS
Authors: Waltenburg Eric N. , Lopeman Charles S.
Published: August 2010

There has recently been growing concern over the massive infusion of special interest dollars in state judicial elections. Commentators worry that these contributions may undermine the public's confidence in the operation and impartiality of the judicial system, or worse, “buy” the decision of the successful judicial candidate. The purpose of this analysis is to determine the extent to which there is good cause to worry. It examines contribution patterns for, and the decisional behavior of, the state supreme court justices on the Alabama, Kentucky, and Ohio courts who have had electoral contests in the 1990s. Results indicate that worries over the American bench being “for sale” have some traction. Under electoral pressures, the justices do appear to position themselves to appeal more to their contributors. This effect is not enduring, however. Whatever relationships exist between contributions to judicial candidates and their decisional behavior are short‐term. Following his or her election, a justice's decision‐making shows no signs of being influenced by interest group contributions.
QUANTITATIVE BIOGRAPHY: A “CLIOMETRIC” APPROACH TO PRESIDENTIAL STUDIES
Authors: Cavalli Carl
Published: August 2010

Presidential studies are evolving from historical and biographical explorations to more methodologically rigorous ones. Contemporary studies can benefit from a typology of presidential activities that allows us to actually see what presidents do. This paper develops a typology, and uses data from the Eisenhower, Johnson, and Nixon administrations to explore activity. The data largely confirm existing notions about activity and travel, but dispute popular conceptions of presidents being primarily legislators. One advantage of activity data is the ability to explore commonalities across presidencies. For example, support exists for the notion that presidents invest more time in legislative and social activities in election years. Another advantage is the ability to explore empirically presidential‐congressional relations. A regression analysis determines that contact with Congress is driven primarily by members' institutional status and secondarily by partisan concerns. There is also some evidence that contact with Congress varies directly with a president's legislative success.
ISSUES AND OUTCOMES IN STATE SUPREME COURT JUDICIAL REVIEW CASES
Authors: Emmert Craig F. , Traut Carol Ann
Published: August 2010

This paper examines the types of laws challenged and overturned in the supreme courts of all 50 states from 1981 through 1985. Major findings are that criminal statutes are challenged more frequently but overturned less often than other types of statues. Challenges to laws regulating economic activity account for just under a quarter of our cases and these laws are overturned over 20 percent of the time. Private cases, which make up about 14 percent of the data set result in invalidation about a fifth of the time. While there are fewer civil liberties and governmental cases, these cases result in laws being declared unconstitutional more frequently, over one‐third of the time. More specifically, death penalty laws are overturned in less than three percent of the cases in which they are challenged. On the other hand, cases involving statutes alleged to unconstitutionally discriminate and those regulating local government result in invalidation over half the time.
INTERNATIONAL COOPERATION REVISITED: TRANSACTION COSTS, THE SWISS CONFEDERATION OF 1815, AND BEYOND
Authors: Weber Katja
Published: August 2010

This study makes use of a political economy/rational choice framework to shed light on the nature of cooperative security arrangements in the international environment. It argues that states choose among security arrangements with varying degrees of structural commitment and that two factors are crucial in explaining the degree of institutionalization elected—the level of threat in the international system and the magnitude of transaction costs. Since there is no common metric, like price, to ascertain the degree of transaction costs that allies are confronted with, the study relies on three proxy measures: uncertainty, heterogeneity, and asset specificity. Focusing on Swiss security provisions at the end of the Napoleonic Wars and drawing on the findings of two security arrangements examined in a larger study—the German Confederation of 1815 and the founding of NATO—the analysis shows that, when exposed to serious external threat and high transaction costs, states give rise to sophisticated, binding security structures. To demonstrate the broad applicability of the transaction costs framework, the concluding section sketches recent integrative moves within the European Union.
Agricultural Biotechnology and the Privatization of Genetic Information
Authors: Jackson Lee Ann
Published: August 2010

“If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea… He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.”

Thomas Jefferson1
Patenting Abstract Ideas in Nanotechnology
Authors: Zekos Georgios I.
Published: August 2010

Nanotechnology involves the manipulation of matter at the level of individual atoms and molecules. Nanotechnology attempts to go farther than natural mechanisms controlling molecular structures that are not manipulable by organic means. Patents conflict with traditional scientific norms of open sharing. The precedent established in biotechnology patents has to be adapted further to be applicable to nanotechnology patents, taking into account its unique characteristics. Recent nanotechnology patents cover improvements in existing industries. Scientists seek to patent more and more inputs of biomedical experimentation earlier in the development chain. New technology requires technology‐specific legislation if there is no possible way to interpret it according to old legislation and so courts typically place an emerging technology in an existing context by analogizing it to previous technologies. Taking into account that one is not allowed to patent solely abstract ideas, nanotechnology as a new field creates problems because patents on basic inventions are inclined to cover larger areas than the final products, with the expectation of developing them in the future into more explicit inventions.
Comparison of Algal Penetration Through Rapid‐Gravity Filter Beds
Authors: WATSON ANNE
Published: August 2010

Tests OF FOUR types of filter media are presented, which show that granular activated carbon performs marginally less well than anthracite/sand or anthracite/sand/garnet in the removal of algae, particulate organic carbon, iron and turbidity. The lengths of run which are achieved by the two granular activated carbon filters are also shorter than those of the other two media. A three‐layer filter is better than the anthracite/sand filter for particulate organic carbon, iron and turbidity removal, and the filtrate contains lower mean concentrations of algae.
Kant's Debate with Herder about the Philosophical Significance of the Genius of Shakespeare
Authors: Cutrofello Andrew
Published: August 2010

In this paper I suggest that one of Kant's motives in framing the account of artistic genius that he presents in the Critique of Judgment was to respond to Herder's veneration of Shakespeare. Kant agreed with Herder that Shakespeare was an exemplary artistic genius, but he disagreed with him about the relationship between genius and philosophy. Herder shared Kant's view that beautiful art should not infringe on the boundaries of the sciences, but in Kant's view Herder's own speculative metaphysics violated this principle. Kant accused Herder of allowing his genius to interfere with his philosophy – that is, of philosophizing in a Shakespearean manner. Instead of attempting to adjudicate this debate, I try to show how Herder could have defended his position by reading Kant through the lens of Shakespeare's Henry IV Part 1. I conclude by briefly indicating how the debate between Kant and Herder came to inform the analytic/continental division, which in light of this debate can be understood as a meta‐argument about the nature of philosophical arguments.
Attitude Reports: Do You Mind the Gap?
Authors: Brogaard Berit
Published: August 2010

Attitude reports are reports about people's states of mind. They are reports about what people think, believe, know, know a priori, imagine, hate, wish, fear, and the like. So, for example, I might report that s knows p, or that she imagines p, or that she hates p, where p specifies the content to which s is purportedly related. One lively current debate centers around the question of what sort of specification is involved when such attitude reports are successful. Some hold that it is specification of the precise content of a mental state; others hold that it is specification of the content of a mental state only relative to a mode of presentation; yet others hold that it is merely a description or characterization of the content of a mental state. After providing a brief introduction to the traditional debate on attitude reports, this entry argues that for certain kinds of knowledge reports and for so‐called de re attitude reports, descriptive theories emerge as the most plausible. The entry concludes with a discussion of how the characterizing relation between attitude reports and mental states might be construed.
The Realism/Anti‐Realism Debate in Religion
Authors: McGraw Clare
Published: August 2010

This paper sets out issues in the realist/anti‐realist debate in philosophy of religion. These include the existence of God and the meaning of prayer. The paper describes motivations for anti‐realism in religion such as the recognition of conflicting religious claims and a desire for tolerance. It explores instrumentalism and reductionism as possible anti‐realist strategies. Parallels between the debate in religion and the corresponding debate in philosophy of science are used to inform the discussion in the religious sphere. Shared aspects of science and religion feature in a pragmatic argument suggesting that the advantages of realism outweigh those of anti‐realism for religion.
Diseases of the adrenal medulla
Authors: Fung M. M. , Viveros O. H. , O’Connor D. T.
Published: August 2010

The adrenal glands are vital in the organism’s response to environmental stress. The outer cortex releases steroid hormones: glucocorticoids, mineralocorticoids and sex hormones, which are crucial to metabolism, inflammatory reactions and fluid homeostasis. The medulla is different developmentally, functionally and structurally. It co‐releases catecholamines (primarily adrenaline and to some extent noradrenaline) as well as peptides by the all‐or‐none process of exocytosis from chromaffin granules, to aid in blood pressure and blood flow regulation, with regulated increments during the activation of the sympathetic nervous system. The co‐released peptides function to regulate catecholamine release, blood vessel contraction and innate immune responses. Pathology within the adrenal medulla and the autonomic nervous system is primarily because of neoplasms. The most common tumour, called phaeochromocytoma when located in the adrenal medulla, originates from chromaffin cells and excretes catecholamines, but may be referred to as secreting paragangliomas when found in extra‐adrenal chromaffin cells. Neoplasms, such as neuroblastomas and ganglioneuromas, may also be of neuronal lineage. We will also briefly discuss the catecholamine deficiency state.
ARTIFICIAL INCUBATION OF ALLIGATOR EGGS AND POST HATCHING CULTURE IN CONTROLLED ENVIRONMENTAL CHAMBERS
Authors: Joanen Ted , McNease Larry
Published: August 2010

Operational procedures for environmental chambers and methods of handling alligator eggs were tested for three years to determine hatching. success and to evaluate mortality factors. Eggs were collected from nests produced by captive and wild alligators no earlier than three weeks after. laying and as late as five weeks.

Hatching success was determined for fourteen variables. The overall hatching rates for artificially incubated alligator eggs were greater than that reported for wild nests. Post hatching mortality was negligible under artificial conditions, averting high losses which occur in pens and especially in the wild.
POPULATION PROFILE DEVELOPMENT AND MORPHOTYPIC DIFFERENTIATION IN THE GIANT FRESHWATER PRAWN Macrobrachium rosenbergii (de Man)
Authors: Cohen Dan , Raanan Ziva , Brody Tom
Published: August 2010

Post‐larval populations of Macrobrachium rosenbergii are characterized by a homogenous size distribution curve which changes, with time, to a positively skewed curve, with some individuals demonstrating a higher growth rate than the rest of the population. No morphotypic variation is observed at the post‐larval and juvenile stages, and the ratio of males to females is 1:1, equally distributed along the whole size distribution curve. Both the mean weight and the development of the skewed distribution curve are inversely affected by increasing density.

In a mature population, three male morphotypes can be clearly differentiated by claw color, relative size within the population and the ratio of claw length to body length. The Small Male (SM) morphotype is characterized by short clear claws, while the two larger morphotypes are characterized by Orange Claws (OC) and Blue Claws (BC). Their relative occurrence in the population is SM 20–25%, OC 15–25%, and BC 5–10%. No apparent morphotypic variation exists in females and their size distribution is generally homogenous. Increased population density does not change the relative position, nor the relative proportions of the three male morphotypes and the females, however, the degree of skewness of the curve is inversely related to the density.
APPLICATIONS OF A NEW RADIOTRACER METHOD FOR INVESTIGATING PRAWN (Macrobrachium rosenbergii) ECOLOGY AND DIGESTIVE PHYSIOLOGY
Authors: Pierce Barry A. , Laws Edward A.
Published: August 2010

Water stable, uniformly 14C radiolabeled, chemotactically‐active bacteria‐laden, artificial detritus was formulated by a rapid, simple method and used to follow the assimilation of bacterial macrommolecules into the foregut, midgut and tail tissue of aquarium‐acclimated freshwater prawns, Macrobrachium rosenbergii (de Man) in time course experiments under conditions of starvation, heavy supplemental feeding and sudden crowding. Over a 24‐hour time course with starved prawns, the proportion of the label assimilated into lipid in the midgut and tail tissue increased 12.3% and 8.0%, respectively, with decreased proportions of the label in carbohydrate in the midgut and protein in the tail tissue. Starved prawns incorporated similar proportions of the label in carbohydrate and protein of the midgut as did heavily fed prawns but shunted a larger proportion of the label into lipid. Protein was catabolized in order to synthesize lipid and appeared to be used as an energy source. Suddenly crowded prawns greatly elevated the amount of radioactivity proportioned into carbohydrates and lipids of the midgut at the expense of greatly lowered protein activities.

The formulation prepared here, which appears chemotactically and visually active as artificial “fish feces,” may have wide applicability in many aquaculture pond ecology and nutrition studies.
ASPECTS ON THE GROWTH AND FEEDING BEHAVIOR OF CAGE‐POLYCULTURED MARINE FISH IN A HEATED WATER SYSTEM
Authors: Jones Fredrick V. , Strawn Kirk
Published: August 2010

Striped mullet (Mugil cephalus), black drum (Pogonias cromis), and Atlantic croaker (Micropogonias undulatus) were cage‐polycultured in a cooling lake of a power plant near Baytown, Texas, from 1 September 1976 through 24 August 1977 to determine production rates and species interaction. Temperature, salinity, pH and dissolved oxygen were monitored daily. Fish were measured and weighed monthly to determine growth rates. Feeding behavior was checked bimonthly for each cage of fish.

Survival in most cages ranged from 60 to 100% for all species until May 1977 when the majority of monocultured black drum died in one cage due to fouling and subsequent low dissolved oxygen. Total production ranged from 7.86 kg/m3 for monocultured striped mullet to 45.09 kg/m3 for black drum and Atlantic croaker in polyculture. Percent gains in weight were higher in polyculture for black drum and striped mullet over monoculture; however, growth rates were similar for Atlantic croaker between treatments. Black drum and Atlantic croaker had similar feeding behavior, but their aggressive feeding differed as to time of day. Striped mullet were non‐aggressive feeders and rarely consumed prepared feeds. Black drum‐striped mullet combinations provided the maximum yields with the least amount of aggression between species.
When Better Is Worse: Envy and the Use of Deception
Authors: Moran Simone , Schweitzer Maurice E.
Published: August 2010

In this article, we describe how envy motivates deception. We find that individuals who envy a counterpart are more likely to deceive them than are individuals who do not envy their counterpart. Across both a scenario and a laboratory study, we explore the influence of envy in a negotiation setting. Negotiations represent a domain in which social comparisons are prevalent and deception poses a particularly important concern. In our studies, we induce envy by providing participants with upward social comparison information. We find that upward social comparisons predictably trigger envy, and that envy promotes deception by increasing psychological benefits and decreasing psychological costs of engaging in deceptive behavior. We discuss implications of our results with respect to negotiations and the role of emotions in ethical decision making.
Normative Perceptions, Substance Use, Age of Substance Use Initiation, and Gender as Predictors of HIV‐Risky Sexual Behavior in a College Student Sample1
Authors: Hittner James B. , Kennington Lauren E.
Published: August 2010

College students’ personal substance use, age of substance use initiation, and perceptions of their peers’ HIV‐risky sexual behavior were assessed as predictors of personal HIV‐risky sexual behavior. In addition to examining the variables separately by gender, these predictors were evaluated under two different contextual conditions: “drunk or high” and “not drunk or high.” Results indicated that frequency of recent alcohol use for females, frequency of marijuana use for both genders, and frequency of binge drinking for males positively predicted HIV‐risky behavior. In addition, exaggerated perceptions of peer HIV‐risky sexual behavior predicted personal HIV‐risky sexual behavior for both males and females. Finally, later age of marijuana use initiation predicted HIV‐risky sexual behavior for females.