bluuebunny/crossref_metadata_2025 huggingface dataset:
Confidentiality of Social Science Research Sources and Data: The Popkin Case
Authors: Carroll James D.
Published: April 2006

On November 21, 1972 Samuel Lewis Popkin, an assistant professor of government at Harvard University, was imprisoned in the federal section of the Norfolk County jail in Dedham, Massachusetts, under a contempt order of the United States District Court, District of Massachusetts. He was imprisoned for contempt of court for refusal to answer several questions before a federal grand jury investigating the publication of the Pentagon Papers. In the course of the grand jury proceedings Popkin asserted a right under the First Amendment to refuse to answer questions concerning the identity of confidential sources and the content of his opinions and data developed in the course of research on and in Vietnam. He refused to answer the questions on the grounds that they violated his rights to freedom of the press, freedom of speech, and freedom of assembly under the First Amendment in the absence of a showing by the government that the information sought was relevant and necessary to the government's investigation.

On November 28, 1972, the grand jury was discharged at the government's request and Popkin was released from jail.

In early January, 1973, Popkin filed a petition for a writ of certiorari asking the Supreme Court to review the case. The petition was denied by the Court in April, 1973.

The Popkin case is the first on record in American law in which the question of a scholar's right to the confidentiality of his sources and data has been raised and decided, at least in part, on the merits.
The Freedom of Information Act and Political Science Research
Authors: Segal Morley
Published: April 2006

What is the logic of an information law which:

• makes available a State Department Memorandum rationalizing the President’s use of troops overseas without congressional consent, but has thus far failed to make available World War II documents concerning allegedly repatriated Russian soldiers,

• which makes available a Federal Trade Commission staff study on auto warranties but leaves numerous other advisory studies difficult to locate and their status unclear,

• breaks loose a key Federal Reserve Board vote but has thus far left the votes and minutes of other multi-member agencies difficult to locate?

The answer is that the logic is not in the law itself, but in the kind of pressure put upon the bureaucracy to follow it. The Freedom of Information Act which became effective July 4, 1967 is not self enforcing. It depends upon the initiative and energy of those who want government information, giving them a tool with which to prod an unwilling bureaucracy. To date, this prodding has come principally from the press and interested business organizations; meaning that the information made available has been oriented toward the single news story, often an expose, or the isolated regulatory decision. This is certainly a valuable use of the Act but the pressure of interested citizens is not sufficient to force the government to make available the scope of information and indexing needed for scholarly research.

The organized scholarly community, while traditionally supporting the principle of free access to government information, has made no systematic effort to either assess the newly available information or to pry loose information presently withheld.
Doctoral Output in Political Science — Tables for 1970-72
Authors: Peterson Walfred H.
Published: April 2006

The regular lists of completed doctoral dissertations that appear in PS can be given use beyond that of keeping readers informed about the subjects of doctoral research. Converted into tables, they yield data which show the amount of work being done in the sub-fields of political science and the number of degrees being awarded at various universities. From this, other data are easily derived.

Unfortunately, a careful look at the lists reveals that they are not complete. Some political science departments that actually granted degrees have no entries at all in one or more years. These omissions, which have been confirmed by correspondence with several schools, are the inevitable result of the difficulties attendant upon the collection of information from so many offices. While they diminish in some measure the utility of the lists themselves and of the tables that appear below, the data still give a fairly accurate, though conservative, index of the number of Ph.D. degrees being awarded in political science. Certainly, it is the best readily available index we have.
Participation in APSA Annual Meetings, 1964–1969
Authors: Barry Donald D. , Bommer James G.
Published: April 2006

This is a study of participation in six annual meetings (1964–1969) of the American Political Science Association. Participation was defined to include not only membership on panels but also membership on the Program Committee (i.e., program chairman and chairman of the panel categories-here called subject area chairman). Data on participation were gathered from the programs of the meetings and background data on participation were obtained from the APSA Biographical Directory (Fifth Edition, 1968 and Fourth Edition, 1961) and from other sources.

The study is divided into three parts: multiple participants and two sub-groups thereof, “rule violators” and the leadership group. Multiple participants (MPs) are those who participated in APSA annual meetings two or more times during the period 1964–1969. “Rule violators” (RVs) are those who, contrary to what is stated to be APSA general policy, participated more than one time in any single year. The leadership group includes members of the program committee.
Nonacademic Careers for Political Scientists
Authors: Friedman Robert S.
Published: April 2006

We are hearing a great deal these days about a declining marketplace for our Ph.D.s. The evidence collected by the American Political Science Association and many of its sister disciplines is clear: The number of academic jobs is declining. Yet, despite reductions in graduate enrollments, the more than 110 departments of political science which grant doctorates produced over 765 Ph.D.s in 1974.

What might be done to solve the problem of this imbalance? One proposal recommends dismantling many of our doctoral programs. I have mixed feelings about this. The argument that only the most distinguished departments should continue to grant Ph.D.s, because only they produce a marketable product, is fallacious. In my experience, the most distinguished departments have no better record in placing their doctorates than those which are less distinguished. I have been involved personally in program reviews at a number of institutions of various prestige levels, and I have found that some of the “so-called” marginal programs do extremely well in placement.
Inside the Courts: The Judicial Fellows Program
Authors: Cannon Mark W. , Morris Jeffrey B.
Published: April 2006

It is three minutes of ten on a Monday morning. A long buzzer sounds. Quickly sweeping papers and books aside, climbing the 40 steps in a score of bounds, crossing the wooden barrier to enter by a side door, one slips into a chair in the extreme back and side of the courtroom, at the foot of one of the great columns of Italian marble, in time to hear Al Wong, the Marshal, intone “Oyez, oyez….”

The formal announcement of the Judicial Fellows program which appears annually in PS and other professional journals, and the posters which are seen outside placement offices, convey little of the essence of the experience. Since the Judicial Fellows Program is not only the younger sibling of the Congressional and the White House Fellows, but much, much smaller—with only two or three Fellows selected annually—relatively little is known about it.
The Battelle Memorial Institute's Human Affairs Research Centers
Authors: Thurber James A.
Published: April 2006

The Battelle Memorial Institute, which began operations in 1929 at its corporate site in Columbus, Ohio, is the largest multinational, public purpose, not-for-profit research organization in the world. Its 7,500 natural scientists, engineers, social scientists, and support personnel are engaged in a broad range of research which embraces the physical, life, and social/behavioral sciences. Battelle operates major research centers in Columbus, Ohio; Frankfurt, Germany; Geneva, Switzerland; and Richland and Seattle, Washington. Battelle's research volume in 1980 was $811 million, which included projects in 75 countries throughout the world. A major objective of Battelle is to benefit mankind by the advancement and utilization of science through technological innovation and educational activities and dissemination of knowledge through publications.

Until the late 1960s, Battelle was known primarily for its research in the physical and life sciences (including the basic research and development of xerography in the mid-1940s). In 1971 the Battelle Human Affairs Research Centers (HARC) was created to do basic and applied research in the social and behavioral sciences. HARC is a multidisciplinary social science organization that conducts research and educational activities directed toward the solution of significant societal problems. Its staff of over 1 50, which is located in Seattle and Washington, D.C. and includes political scientists, policy analysts, sociologists, psychologists, anthropologists, economists, international affairs and defense specialists, urban planners, and statisticians, is one of the largest non-academic groups of social scientists in the United States.
Placement of Political Scientists, 1978–79
Authors: Mann Sheilah K.
Published: April 2006

This is the seventh report on the experience of new political scientists looking for jobs. Two years have passed since the last report, which was based upon placement data for 1977. In this report on placement data collected in 1978 and 1979, there are some changes in who succeeds in finding jobs and in what kinds of jobs they find. These changes may be an indication of professional adjustment to the realities of the academic job market.

The 1977 placement report examined the academic job market for political scientists in the next two decades, and pointed out that the projected decline in college enrollments until 1994 means that nearly all of the positions open to new faculty will be generated by the need to replace current faculty who die, retire or move to non-teaching jobs. Since the median age of political scientists is in the mid-30s, we were told that there will be few openings due to retirements until the mid-1990s. And, we were left with the question as to whether, in view of the limited supply of academic job opportunities, the profession will make changes in its graduate curricula and/or its placement strategies. In addressing this question with respect to the 1978 and 1979 placement classes, it is useful to summarize what has remained constant in the placement of political scientists in order to highlight what has changed.
The Reformed Nominating System: Its Critics and Uses
Authors: Nakamura Robert T.
Published: April 2006

The debate on the current presidential nominating system centers on the consequences of formal changes in the rules and laws governing it: the formalization of opportunities for participation in the Democratic Party as well as changes like public financing and the increased number of primaries affecting both parties. These changes undoubtedly have made the process more permeable and have thereby diminished the power of party elites and enhanced that of the shapers of mass participation such as candidate organizations, direct mail and communications specialists, and the mass media. Critics have faulted this system for replacing party professionals with others less interested in or less able to select nominees popular with voters and capable of governing if elected. In this short essay, I will examine some of the critics' arguments, note some positive effects of the reforms, and suggest that the new system is an apt one for the present, de-aligned electoral environment.
Political Theory and Political Judgment
Authors: Thompson Dennis F.
Published: April 2006

Few political theorists today try to show how the principles of theory should guide our judgments of policy. Theorists think that their job is done when they have explained the principles, or (more commonly) when they have interpreted the principles of other theorists. The connection between the principles and the policies of governments is left for citizens themselves to make. Yet making that connection—exercising political judgment—is an essential part of citizenship, and should have a prominent place in the education of citizens.

Political theorists have not always neglected the making of judgments about particular policies. The disdain of the particular that marks much contemporary theorizing was not shared by the great theorists of the past. The tradition of theory begins (or at least the curriculum traditionally begins) with the greatest case study of all—Socrates' trial. Although later theorists usually settled for less exalted examples, they continued to see their vocation as calling for comment on the actual policies of rulers and their rivals. Recall Aristotle's letters to Alexander, Augustine's criticism of the Donatists, Machiavelli's commentary on the corruption of Florentine rulers, Hobbes' analysis of the Long Parliament, Locke's advice to the Board of Trade, or Rousseau's critique of the government of Poland.
Whatever Is Happening to the British Party System?
Authors: King Anthony
Published: April 2006

British politics are more fun today, at least for the political scientist, than at any time since the Second World War. The British two-party system, that seemingly immutable product of the “first past the post” electoral system, Britain's social structure and the enduring party identifications of Britain's voters, shows every sign of breaking up–not slowly and gradually, but with something approaching Mount St. Helen's force. A political party that did not exist a year ago, the Social Democrats, is now, in alliance with the liberals, sweeping all before it electorally. This short article tries to give some account of what is going on–and why.

The present upheaval is taking place both down below, among voters, and up above, among members of Parliament and other prominent politicians. Let us begin with the voters.
Cutting Across the Institutional Grain: The Study of Political Parties
Authors: Epstein Leon D.
Published: April 2006

Having had a foot in each camp for over 30 years, I am acutely aware of our discipline's customary division of the study of political parties between American and non-American subjects. The division remains most apparent in teaching programs despite increasing cross-national research efforts during the last few decades. I doubt that merger is entirely feasible. The division is deeply rooted in the general development of political science in the United States, and something like it is characteristic of other subjects as well as of parties. Legislatures, executives, and courts readily come to mind. Significantly, they are governmental institutions so linked to a country's constitutional and historical experience that a national context for their study seems plainly appropriate. Although parties are not governmental institutions in the same sense as are legislatures, executives, and courts, they have become more than merely private political associations. Most notably in the United States, they are plainly quasigovernmental in many respects. Perhaps this helps to explain why American political scientists have treated our parties, along with governing agencies, as American institutions while leaving parties in other nations for treatment under the rubric of comparative government and politics. Much can be said in behalf of that institutional tradition, but one must grant that it ties our work to geographic units and thus keeps many political scientists closer to historians, in at least one methodological sense, than to economists or sociologists. For better or worse, we thus appear less scientific, conceptually, than the ambitious title of our discipline suggests.
How Can We Get There From Here? Thoughts on the Integration of American and Comparative Politics
Authors: Rudolph Susanne Hoeber , Rudolph Lloyd I.
Published: April 2006

The bifurcation of political science into American and comparative politics impoverishes both. The division parochializes them by encapsulating the study of politics within national boundaries. The result is to deprive each of the theoretical contributions generated by the other and to cut them off from the institutional and policy alternatives each has devised. The loss to the study of American politics is probably the more severe because its practitioners have not been prepared to recognize the limitations of their “area specialty.”

Historical and institutional determinants help to explain the bifurcation. Because academic political science, that is, political science as a discipline and a profession is, as Bernard Crick has shown, American in its origins and early development, it has been less attentive to non-American contexts. More than other academic social science disciplines, political science's intellectual provenance is located in the new world. Unlike the other social sciences, political science lacks eighteenth and nineteenth century European masters. In the belief that America was showing the world its future, post-war behavioral political science like other aspects of the American way of life became an American export to Europe and the third world.
The Division of Political Science Into American and Non-American Politics: The Case of Legislatures
Authors: Loewenberg Gerhard
Published: April 2006

When undergraduates want to study legislatures, more often than not their choice is limited to a course on Congress, although they may find a course on the legislative process which includes attention to state legislatures. This is hardly a cause for student discontent. The first, and often the only, ambition of political science students is to learn about the American system of government. That is why the introductory course in the discipline is usually a course in American government, why courses on state and local politics are entirely concerned with the United States, why courses on political parties are really about the Democratic and Republican parties, and why there are hardly any courses on the executive at all since the only subject in that area which is taught is the American presidency.

It was not always so. A century ago, as curricula in political science developed in American universities, a general, theoretical concept of politics, derived from continental and particularly German approaches to the subject predominated. The focus on American politics came a full generation later, inspired by a concern for citizenship training and by the prospect of large captive audiences in classrooms of students fulfilling teacher certification requirements.

America First was consistent with the mood of the United States in the 1920s, but less so in the 1930s and 1940s. In those decades student interest in non-American politics revived in response to the nation's involvement in world affairs, and this interest was expressed in the curriculum by separate courses, often misnamed “comparative government.” These were frequently courses in a series of major foreign governments, shaped by the writing and teaching of a new cohort of emigré faculty who revived the European influence on American political science. In this form the study of what was called “comparative government” gained a larger place in the curricula of departments of political science. But as a subfield of the discipline, comparative government remained too small, and the approach was too country-specific, to permit sub-specialization except by geographic areas. There was no place in it for courses on non-American legislatures, or executives, or political parties.
Political Scientists and the 1980 National Party Convention
Authors: Barber Kathleen L.
Published: April 2006

While the country may not have recognized the impact of political scientists on the 1980 major party presidential conventions, we were indeed there. At least 19 known political scientists were among the 5381 Democratic delegates and alternates in New York City in August, and one known political scientist was among the 3988 Republican delegates and alternates in Detroit in July.

These relatively rare birds who combine the study and teaching of politics with the doing were asked by PS to write short essays on their observations of the delegate selection processes and of the conventions themselves. In addition, two staff participants, John F. Bibby, a veteran of five Republican conventions, and Elaine C. Kamarck, self-styled “hackademic” who served as Executive Director of the 1980 Democratic Platform Committee, have contributed thoughtful comments on their perspectives. Finally, Byron E. Shafer, political scientist practicing his profession, is the only one of our contributors to have observed both 1980 conventions.
The Non-Politics of Social Science Information: A Manifesto
Authors: Riggs Fred W.
Published: April 2006

If politics are based on the need, in any collectivity, to allocate scarce resources, then there should long ago have been a lively politics of social science information—but there has not been. However, political inaction can be attributed not only to non-scarcity, but also to the failure—for whatever reason—of affected persons to take action in their own interest.

The fact that scarcities do plague the field of social science information—especially at the international level—will be apparent if one reflects on the following facts:

• there is a growing output of social science research around the world, and much of it is carried out by scholars whose graduate education was completed at American universities;

• in more and more countries there is an increasing output of primary data—news, survey returns, census data, trade statistics, government documents, plans, maps, archeological findings—that can be used very fruitfully by social scientists in their research;

• the capacity of American researchers to secure support for research overseas, for field trips, for attendance at international conferences, and for the acquisition of foreign data has radically dwindled;
The ERA Won—At Least in the Opinion Polls
Authors: Daniels Mark R. , Darcy Robert , Westphal Joseph W.
Published: April 2006

In 1972 it appeared that the Equal Rights Amendment (ERA) would be ratified quickly. Support was forthcoming from a vast array of political leaders, such as President Nixon, past presidents, governors and legislators. Both major parties made the amendment part of their platforms and did so again in 1976. An impressive list of private organizations, including the National Federation of Business and Professional Women's Clubs, the League of Women Voters, the American Association of University Women and many labor organizations, supported the amendment. Opposition was confined to groups of limited political effectiveness, such as the John Birch Society, George Wallace's American Independent Party and the Daughters of the American Revolution (DAR).

During the years immediately following congressional approval of the ERA in 1972, the American public strongly favored the amendment (see Table 1). In 1974, three Americans favored the ERA for every one who opposed it. Support for the ERA continued at a ratio of about two to one throughout the early ratification years. Support was widespread among all demographic groups. In 1975-76, the Gallup Poll found that even within groups where opposition to the ERA was strongest a majority supported ratification. Specifically, persons with low incomes favored it 53 percent to 31 percent and those living in small towns supported it 54 percent to 29 percent.

Only in 1980—eight years after the ERA was submitted to the states for ratification—did support dip down to its lowest level. This represented a second phase for the ERA—the 1980 presidential campaign-during which the amendment was transformed by candidate Ronald Reagan into a partisan issue and removed from the Republican platform.
Changing Politics of Federal Health Insurance Programs
Authors: Bowler M. Kenneth
Published: April 2006

In 1965, when Medicare and Medicaid were enacted, concern about access to the health care system for the elderly and poor overrode concerns about cost. The legislation focused on removing financial barriers to health care for these groups, and implementation of the legislation was a matter of reaching agreements with hospitals and physicians over reimbursement and administrative procedures with the objective of insuring that health care resources would be available to the beneficiaries of these new federal health insurance programs (Wolkstein, 1984).

Ideological conflict and the alignment of interest groups are central to understanding the politics of Medicare. The intense disagreement over public versus private financing of medical care, and of universal coverage versus covering only the needy (i.e., social insurance versus charity), were key points of contention that established the context within which Medicare and Medicaid were developed, debated and enacted. Labor unions led the liberal organizations and those representing the elderly in advocating a universal, non-income tested federal health insurance system. The American Medical Association (AMA) led the health industry, business and conservative groups in opposing federal financing of personal health care. The intense opposition of the health providers and political conservatives to a universal federal insurance system led the national health insurance advocates to shift to an incremental strategy, the objective of which was to achieve a universal federal health insurance program in stages, beginning with a payroll-tax-financed Medicare program covering all (not just low income) elderly who were eligible for social security pension benefits.
Rainbow Coalitions in Four Big Cities: San Antonio, Denver, Chicago and Philadelphia
Authors: Muñoz Carlos , Henry Charles
Published: April 2006

The election of black and Latino mayors in big cities during the past five years has provided the opportunity to critically examine the role of minority mobilization and coalitions. The focus of this study is on the election of four minority mayors, Henry Cisneros in San Antonio in 1981, Federico Peña in Denver, Harold Washington in Chicago, and Wilson Goode in Philadelphia, all in 1983. The pioneering study by Browning, Marshall, and Tabb (1984) highlights the significance of minority mayoral elections in the context of the struggle for political equality. We have placed our analysis in the context of the three central questions underscored in their theory of political incorporation: How open are urban political systems to minorities? How does minority political incorporation occur? Does political incorporation make a difference for minority interests? Although the four cities we examine are different in some respects from the Northern California cities covered by Browning, Marshall, and Tabb, their findings are generally applicable with modifications.

Chicago

How open is the system? Machine politics have dominated Chicago for over fifty years with decidedly mixed results for the city's black population. Black political power remained disproportionally small and subordinate throughout the machine's existence. Thus, Harold Washington's election in 1983 marked a structural transformation of the electoral system as well as a political coming of age for blacks. Washington inherited a city council divided along ideological and racial lines. Although Washington could not command a majority of the city council when he was first elected, the 1986 council races left him with an even split. Of the 50 council seats, 25 represent liberal votes and 25 are identified with the more conservative Democratic party machine, 16 are black and 4 are Latino. Washington, as mayor, holds the deciding vote.
Easy Riders: Gramm-Rudman-Hollings and the Legislative Fast Track
Authors: Hoadley John F.
Published: April 2006

Conventional wisdom suggests that the legislative process is not an efficient or speedy one when it comes to major legislation or significant policy changes. According to Price (1985, p. 162), “Congress is often difficult to mobilize, particularly on high-conflict issues of broad scope.” The multiyear effort to enact Medicare legislation and the inability of Congress to enact comprehensive energy legislation in the 1970s are but two examples of the deliberate pace of the deliberative process.

Yet in 1985, a major reform of the budgetary process, popularly known as Gramm-Rudman-Hollings, was enacted in a relatively short time without the benefit of extended subcommittee and committee deliberation. This “fast track” legislation, on the heels of other accelerated decisions since 1981, makes it difficult to draw the conclusion that Congress is unable to act quickly on major policies. In fact, the nature of the Gramm-Rudman-Hollings debate suggests that modifications to our theories of the legislative process are needed.

No one who has watched Congress would labor under the misconception that legislation routinely follows the process outlined on those neat charts in introductory American government textbooks. There are all too many examples of major bills that were approved as riders to minor legislation or that bypassed the normal committee process. For example, portions of President Carter's energy package were approved as amendments to tariff bills on bicycle parts and bobsleds. Furthermore, there are many examples of steps taken to bypass a powerful committee chairman, such as the drafting of the 1963 civil-rights bill so that it would go to the Senate Commerce Committee instead of the Judiciary Committee where it would be killed by Chairman James Eastland (D-Miss.).
The First Federal Question Case
Authors: Holt Wythe
Published: April 2006

What is a ‘federal question’? Section two of article three of the Constitution grants jurisdiction to federal courts over, among other items, ‘all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made … under their authority’. This has become generally known as the grant of ‘federal question’ jurisdiction. The present statute giving such jurisdiction to federal courts dates only from 1875; not only has it been restrictively construed, but existing federal schemes of benefits, rights, and regulations provide us with a familiar, pat, confining notion of the nature of federal questions. What sorts of matters might have been expected to constitute federal questions in 1787, when the Constitution was written, and when such schemes were not contemplated much less established?
Pleadable Brieves, Pleading and the Development of Scots Law
Authors: MacQueen Hector L.
Published: April 2006

Until recently there was a depressing consensus about Scottish legal history in the medieval and early modern periods. It was accepted that in the twelfth and thirteenth centuries the Scots had gone some way to building a legal system on the model found in contemporary England, involving the holding of courts in the localities by sheriffs and justiciars on ayres, the use of royal writs or brieves to commence litigations, and the determination of cases by juries or assizes. The fullest account of Scottish law, Regiam Majestatem, was based on the twelfth century English text Glanvill. The wars and other skirmishes with England which began in 1296 and continued into the sixteenth century brought an end to the development of the ‘Scoto-Norman’law and legal system however. Cut off from its basic inspiration and lacking either a central court structure or a legal profession, Scots law regressed throughout the later middle ages. Demands for better justice led the king by the end of the fifteenth century to establish a group of royal councillors to hold judicial sessions or sittings at which such complaints might be heard. The councillors—the lords of council and session—might be either ecclesiastics or laymen; the former were more numerous and possessed greater legal skills. The procedure of the emerging court thus followed that of the ecclesiastical courts and the substantive law which developed was also canonical and civilian in character. By the mid-sixteenth century the Session was established as the main civil court in Scotland and Scots law had made a fresh start, severed from its original roots.
Red JacketRevisited: The Case that Unraveled John J. Parker's Supreme Court Appointment
Authors: Fish Peter Graham
Published: April 2006

Before a gathering of the White House Press corps on March 21, 1930, President Herbert Hoover announced his nomination for Associate Justice of the Supreme Court to fill a vacancy unexpectedly created by the death of Edward T. Sanford. His nominee was forty-four year old native North Carolinian John J. Parker, a member since 1925 of the United States Court of Appeals for the Fourth Circuit. Within days of the nomination organized labor and its allies in Congress and the press unleashed withering attacks on a single judicial opinion authored by Parker. In the process, the priority of issues raised in that case was dramatically inverted. The foremost issue, federal jurisdiction, became subordinated to the scope of an injunctive decree, an issue of secondary importance. Thus, the nominee's three year old opinion inInternational Union, United Mine Workers of America v. Red Jacket Consolidated Coal and Coke Companybecame the catalyst for transforming him from relative obscurity into a symbol of anti-labor conservatism.
On Judicial Agency and the Best Interests Test
Authors: Wright Danaya C.
Published: April 2006

I am grateful to Eileen Spring and Michael Grossberg for their thoughtful comments on a study that has occupied my life for the past five years, and which has finally been produced in a more detailed form as my dissertation. Unfortunately, many of their comments point to gaps, in the best interests standard and comparisons with U.S. law for instance, that are taken up in the longer study. But if I could put my entire dissertation into a single sentence, it would be that a history of English custody law reveals profoundly different commitments on the part of judges to protecting mother's rights and to recognizing some form of a best interests test as social conditions changed, and that the patriarchal moorings of custody law remain with us today as we try to solve the deeply problematic issues raised for a legal system that still pits parental rights against children's welfare. Grossberg and Spring both point to the issue of judicial agency that I grapple with in my article and I will briefly address a few points on that topic. Then, rather than address their comments individually, I would prefer to suggest some of the conclusions I draw in the larger study and make connections to what is presented here.
Making History: Israeli Law and Historical Reconstruction
Authors: Moglen Eben
Published: April 2006

As Asher Maoz insightfully points out, governmental involvement in the ascertainment of historical truth—whether in court, by commission of inquiry, or in other ways—is directed at securing approval of a particular historical narrative, as a step toward imposing that narrative, to a greater or lesser extent, on those who disagree with it. This “official version” exists not only for the sorts of questions presented by the cases Maoz discusses, but also with respect to auto accidents, crimes of passion, and all the other historical reconstructions that form the substrate of “facts” upon which legal conclusions and enforceable judgments are predicated.
Recovering and Reporting Australia's Early Colonial Case Law: The Macquarie Project
Authors: Kercher Bruce
Published: April 2006

When it was established in 1788, New South Wales became the most remote, and most peculiar, of the British empire's overseas colonies. The founding colony of what would eventually become Australia, it was established as a penal colony, a place to send the unwanted criminals of Britain and Ireland. Britain lost more than the majority of its North American possessions in the late eighteenth century. It also lost its principal repository for unwanted felons. New South Wales filled the gap.
Judging and Understanding
Authors: Bilsky Leora
Published: April 2006

What is the relationship between judging and understanding? Does the process of understanding undermine our ability to judge? Or maybe the contrary is true, that judgment is possible only when its subject is understandable? If judgment requires distance and understanding requires empathy (overcoming distance), is there an inherent impossibility in trying to judge the Holocaust by trying to understand it? Language itself betrays a sense in which understanding and judgment conflict. The popular saying tout comprendre c'est tout pardonner rings true in our everyday experiences. What are we to do when the subject of our inquiry is of such moral magnitude that understanding becomes a duty we owe to ourselves, and yet any progress in understanding seems to be meaningless if it does not enhance our capacity of judgment. The two thoughtful responses by David Luban and Lawrence Douglas to my essay “Judging Evil in the Trial of Kastner” are directed at disentangling this complex relationship between judgment and understanding. Luban asks for more judgment. Douglas insists on more understanding.
The Civil Law Tradition and Constitutionalism in Twentieth-Century Mexico: The Legacy of Emilio Rabasa
Authors: Hale Charles A.
Published: April 2006

Constitutionalism in Mexico, indeed in Latin America generally, has always posed a problem for interpreters, especially for Anglo-American interpreters. It is true that adherence to a written constitution and to constitutional order has been central to Mexican political liberalism since independence. As a state-building philosophy, liberalism has functioned both as an ideology, in combat with inherited colonial and Hispanic patterns of government, and as an all-embracing myth serving to unify contending self-defined liberal factions. In both instances, liberals fought for, debated, and on occasion were able to implement basic Western constitutional principles, namely, the preservation of individual liberty and legal equality within a representative government whose powers were set out and limited in the articles of a written document. The problem of interpretation arises because of a widespread view that constitutional government in Mexico has been ineffective or, at best, that the struggle to achieve it has been arduous.
Legal Order as Motive and Mask: Franz Schlegelberger and the Nazi Administration of Justice
Authors: Nathans Eli
Published: April 2006

Historians and legal theorists have suggested a range of sometimes complementary, sometimes contradictory reasons to explain why judges, prosecutors, and other officials of the German administration of justice proved willing both to persecute the various enemies of the Nazi state and to tolerate the many extralegal murders and lesser brutalities of other organs of the regime. One line of interpretation, dominant until the late 1960s, stressed the importance of the tradition of legal positivism. Believing themselves bound to the letter of the law, courts and prosecutors obeyed politically and racially repressive laws without asking moral questions. An alternative and opposing explanation emphasizes instead the justice administration's willingness to stretch the letter of the law to conform to “spontaneous popular sentiments of right.”
The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945–51
Authors: Bailey Victor
Published: April 2006

The punishment prescribed by English law for murder in the first half of the twentieth century was death. A judge had to pronounce this sentence upon a person convicted of murder, except in two special classes of cases: persons under eighteen years of age at the time of the offense and pregnant women. He had no discretion to impose any less severe sentence. While retribution survived only in a symbolic form elsewhere in the criminal law, capital punishment, as Oxford criminologist Max Grunhut maintained, was a “powerful relic of retaliation in kind.” The law still reflected the ancient concept that every murderer forfeits his life becauce he has taken another's life: “He that smiteth a man, so that he die, shall be surely put to death.”
Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833–45
Authors: Farmer Lindsay
Published: April 2006

Sir Henry Maine, the eminent Victorian jurist, once remarked, in frustration at being unable to secure his desired reforms of the Indian criminal law, that no one cared about the penal code except theorists and habitual criminals. This has been the recurrent lament of the English criminal lawyer. Repeated initiatives in the field of codification over the last 150 years have enjoyed little popular support or understanding, and as the most recent project stumbles forward into its fourth decade, an air of fatalism surrounds the entire question of the code. There are calls for a new political initiative to revive the project, and there have been more modest appeals for a reexamination of the principles of existing penal legislation, though neither seems likely to provoke much response. Yet, for all of the recent discussion of codes and codification, the question of the significance of codification to the modern law remains something of an enigma.
Identity, Difference, and Enlightenment Heritage(s): Comment on “The Right to Be Punished”
Authors: Ledford Kenneth F.
Published: April 2006

Markus Dirk Dubber has provided the readers of the Review with an erudite and fascinating essay that traces a change in modern western penal thought since the Enlightenment. What he presents is a very brave attempt to mount a left critique not only of contemporary vicious trends toward the escalation of retributive criminal penalties, but also of the therapeutic concepts of fundamental difference that have characterized rehabilitationist theories of punishment. In Dubber's view, rehabilitationism wandered from the path prepared by the Enlightenment and thereby invited barbaric reactionaries once again to dominate the field of criminal punishment. While the essay makes an important point about the blindness of rehabilitationists to the need to justify and legitimize the imposition of punishment, and while it brings to the attention of Anglo-American specialists the importance of figures from the German Aufklärung, such as Fichte, Kant, and Hegel, and rehabilitationists, such as Krause and Röder, it leaves the reader wondering about how to transcend the limits of the formalism of Enlightenment abstract identity and how to root the geistesgeschichtlich erudition of the author's idealism in the soil of social history.
Reassessing Hurst: A Transatlantic Perspective
Authors: Sugarman David
Published: April 2006

Today, the history of law and society has become an exciting growth industry. But just a couple of decades ago this possibility would have seemed implausible. Indeed, when Willard Hurst became professor of law in Madison in 1937, modern legal history was, to put it kindly, dead. Reviving this moribund discipline required more than imagination and an acute awareness of the point and nature of law. Sleeping Beauty had to be woken with a kiss, and Hurst surely brought a serious, tenacious passion to his vocation. Through exhortation, inspiration, and sheer determination, he attempted to resuscitate a huge domain.
Neighbors, Courts, and Kings: Reflections on Michael Macnair's Vicini
Authors: Wormald Patrick
Published: April 2006

Mike Macnair's deeply learned and profoundly subtle article establishes to the more or less total satisfaction of this respondent that the origins of “jury” procedure lie in testimonial rather than adjudicatory action: in witnessing by knowledgeable neighbors as opposed to “judgment-finding” by local experts. But then he is in my case—and perhaps to a greater extent than he himself realizes—preaching to the converted.
A Late Medieval Conflict of Laws: Inheritance by Illegitimates inIus CommuneandIus Proprium
Authors: Kuehn Thomas
Published: April 2006

In the wake of the demolition of the Berlin Wall and the erection of the Maastricht Treaty, intense debate rages over all factors contributing to both unity and diversity in Europe. While issues circulating around markets, currency, and national sovereignty receive greater play in the media, the discussion of parallel issues of European legal unity has been more longstanding. The case can be made that Europe (with the exception of England) has long had a great degree of legal unity. The Roman civil law and the canon law of the church, with some texts of feudal law, became a common learned law, theius commune, developed and disseminated in the universities in the Middle Ages. This written legal heritage spread from Italian schools, beginning with Bologna, and was “received” in Germany, France, Spain, and even Scotland in the course of the sixteenth century. It was displaced finally with nineteenth-century codifications of national law, which strove to enshrine the legislatively enunciated genius and uniqueness of the nation.
Synthesis and Cytotoxic Evaluation of a Series of Genistein Derivatives
Authors: Li Huan‐Qiu , Ge Hui‐Ming , Chen Yun‐Xi , Xu Chen , Shi Lei , Ding Hui , Zhu Hai‐Liang , Tan Ren‐Xiang
Published: April 2006

Thirty genistein (=5,7‐dihydroxy‐3‐(4‐hydroxyphenyl)‐4H‐1‐benzopyran‐4‐one; GEN) derivatives were synthesized from genistein through a facile approach in high yields. Compounds 9, 11, 12, 23–30 were reported for the first time, while 13–22 have already been reported in our recent paper. The cytotoxic activities of these compounds were evaluated against a human nasopharyngeal epidermoid tumor cell line KB. Compounds 7–9, 12, 14, 16–19, 21, 24, 27, 29 showed remarkable antitumor activities in vitro, which was comparable with 5‐fluorouracil, an anticancer drug. On the basis of the obtained experimental data, structure–effect relationships were discussed.
Patterns of criminality and alcohol abuse: results of the Tuebingen Criminal Behaviour Development Study
Authors: Kerner Hans‐Juergen , Weitekamp Elmar G.M. , Stelly Wolfgang , Thomas Juergen
Published: April 2006

This paper examines, first, the official German criminal police statistics in order to elucidate the role of alcohol with regard to the commitment of crimes and, second, the relationship of alcohol abuse and chronic offenders in a life course perspective. The results, based on the Tuebingen Criminal Behaviour Development Study (TCBDS), show that the more a person is involved in crime the more he is drinking. But neither early experiences of socialisation nor imprisonment experiences are sufficient causal conditions for a heavy alcohol consumption in later life. The analyses indicate that alcohol abuse is an expression of the typical behavioural patterns and daily routine of criminals. Delinquency, alcohol consumption and a deviant lifestyle seem to interact and to enhance each other in the sense of an increasing spiral which leads to a decrease in opportunities for developing and maintaining a normal, socially integrated biography. Nevertheless heavy drinking in the past does not prohibit processes of desistance but desistance from crime goes hand in hand with desistance from heavy drinking. Copyright © 1997 Whurr Publishers Ltd.
Antioxidant and Antimicrobial Activity Evaluation of Polyhydroxycinnamic Acid Ester Derivatives.
Authors: Venkateswarlu Somepalli , Ramachandra Marellapudi S. , Krishnaraju Alluri V. , Trimurtulu Golakoti , Subbaraju Gottumukkala V.
Published: April 2006

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