Russia,NATO, and the "Color Revolutions"

On 12 July, while addressing people he trusted who had helped him in the elections, President Yeltsin finally said something that many people had long wanted to hear from him: Russia needed a new national idea. It may "already be needed in the next presidential elections in the year 2000," the head of state predicted, and hence its development should begin promptly, with the first results visible within a year.     

Morality, Identity and "Constitutional Patriotism"

In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal-minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on "constitutional patriotism," a consciously shared sentiment arising from an ethical assessment of their country by the country's people, according to which the country credibly pursues a certain regulative political ideal for which the constitution stands.     

Litigating Scientific Creationism, or "Scopes" II, III,…

This paper is concerned with the institutional role of courts in dealing with long term political conflict. Such conflict is likely to involve group mobilization on both sides; the analysis therefore utilizes a judicial interest group approach, presenting evidence from the on-going policy debate surrounding presentation of the Darwinian theory of evolution in public schools. The findings demonstrate the importance of courts in developing public policies, not only by articulating policy, but also by affecting subsequent moves by interest groups to promote their agendas elsewhere in the system. Many extended conflicts may not be resolved in institutional settings, but they may be repetitively reformulated and translated to engage the decisionmaking process of specific forums in on-going activities. In successive moves, each adversary attempts to shift the balance of power to its respective advantage, where, paradoxically, the parties may change sides as the debate travels full circle. The analysis also illustrates the advancement of the creation science advocates' game plan, beginning with a publicity-oriented strategy, which is a hallmark of the relatively "amateurish" litigant, and eventually moving to a result-oriented position, a more "professional" approach to the courts.     

"Interdependence": The Reality,the Concept,and the Policy

During the entire postwar period, the term "interdependence" has figured repeatedly in statements by American governmental figures and in the writings of bourgeois political scientists. In the past two or three years, it has acquired a new ring. Whereas previously American expressions regarding "interdependence" applied to relationships within the framework of NATO, today they have to do with a considerably broader sphere of foreign policy relationships of the United States, including those involving the entire capitalist world and the developing countries. In a number of cases, American writers working on the "interdependence" problem have also included certain aspects of the relation between capitalist and socialist states. They undertake to analyze, from the standpoint of bourgeois political science, various aspects of "interdependence" — economic, physical-geographical (deriving from mankind's ever more intensive joint utilization of the atmosphere, the waters and floor of the world ocean, near outer space, solar and subsurface energy, etc.), military-political (having to do with the threat of destruction of world civilization should a nuclear war occur), cultural, and so on.     

我国民营经济制度变迁、制度"锁定"及"解锁"研究

我国民营经济制度变迁历程是我国经济体制改革过程的一个缩影.运用新制度经济学分析范式对我国民营经济制度变迁、制度"锁定"及制度"解锁"进行研究探讨,有助于我们总结民营经济发展的经验,把握民营经济未来的发展方向,为我国民营经济更好更快发展提供有益的参考.     

INNOCENCE, ERROR, AND THE "NEW ABOLITIONISM": A COMMENTARY

If statistics are any indication, the system may well be allowing some innocent defendants to be executed.
- Justice Sandra Day O'Connor     

人民共和、和谐社会与"一国两制"

和谐社会这一社会形态,落实在国家制度层面上、落实在宪政层面上,就是人民共和;人民共和是和谐社会的国家制度基础,和谐社会是人民共和的社会形态;邓小平"一国两制"、"各方面都能接受"的观点,充分体现了建设人民共和及其和谐社会的重要理念;"一国两制"是民族包容性的光辉典范,体现了人民共和及和谐社会的内涵;"一国两制"使一国内四个法域的不同社会制度不断健全和完善,这是人民共和及高度和谐社会的体现;"一国两制"在实践中不断充实其内涵,也是人民共和及和谐社会理论和实践的丰富和发展."一国两制"是人类高度和谐社会的体现.     

"Special treatment": BiDil, Tuskegee, and the logic of race

BiDil, a drug approved in 2005 by the FDA only for African Americans, was seen by many as almost reparations for the horrors of the Tuskegee Syphilis Study (1932-72) where treatment for black men was denied. The logic of race, however, rather than racism, links BiDil to the past many thought it was escaping.     

Law, Religion, and "Public Health" in the Republic of Brazil

The essay evaluates the general problem that, while most modern republican constitutions follow the U.S. and French models in declaring religious freedom, absolute religious freedom is impossible and undesirable. How are religious freedoms constrained, and how much should they be? The essay evaluates the strategies by which limitations on freedoms of religion are constructed and imposed, especially the powerful isomorphism of law and science described by Boaventura de Sousa Santos. Taking the example of Afro‐Brazilian religions in relation to the Brazilian state since 1890, post‐emancipation, the essay argues that pseudo‐scientific discourses of “public health” constrained the religious practice of former slaves, thus allowing the trompel'oeil of religious freedom to continue in the new republic, even as freedoms were in fact constrained by the state.     

Sudden, unexpected death due to "pineal apoplexy"

A 20-year-old woman had a minute vascular malformation in the wall of a glial cyst of the pineal body. Bleeding into the cyst lumen caused rapid expansion of the pineal body, resulting in compression of the midbrain and her sudden, unexpected death.     

A Norms Approach to Jury "Nullification:" Interests, Values, and Scripts

Juries and other lay tribunals are often justified because they leaven the law with community norms. Unfortunately, we do not have a particularly good theory of when and how juries substitute their normative judgments for the law. A first step in developing such a theory is to examine the nature of norms and the way jurors bring normative judgments to their task. In this article I compare and contrast different understandings of norms that currently are in vogue in the social sciences and then use these approaches to develop a more systematic understanding of when juries do and when they do not substitute their normative judgment for that of the law.