The Faux Debate in North American Suffrage History

The history of the US women’s suffrage campaign in the twentieth century has often devolved into a debate about whether mainstream politics or militant agitation won the day. This article argues that this division—between those who credit Carrie Chapman Catt and her pragmatic approach and those who trumpet Alice Paul for her campaign of White House protests—is a faux debate. A reading of American history suggests that any political movement for social change—from civil rights to LGBTQ rights—requires a one-two punch. The inside politico engages the powers that be, courting sympathy, while the outside agitator throws rocks at the establishment’s gates, stirring fear about the risks of inaction. The coming centennial of the nineteenth amendment’s ratification offers an opportunity to assess whether this scholarly battle over credit is anything more than a historical distraction, and to lament the missing veins of scholarship lost in its gaze.     

Dot.Con: The Dangers of Cyber Crime and a Call for Proactive Solutions

Books reviewed in this article:
Howard R. Davia, Fraud 101: Techniques and Strategies for Detection
William Hutchinson and Matthew Warren, Information Warfare: Corporate Attack and Defense in a Digital World
Peter Lilley, Dirty Dealing: The Untold Truth About Global Money Laundering
Abraham D. Sofaer and Seymour E. Goodman, eds., The Transnational Dimension of Cyber Crime and Terrorism
Guy Stessens, Money Laundering: A New International Law Enforcement Model     

New Insights into Coalition Negotiations—The Case of German Government Formation

Research on coalition negotiations after general elections in parliamentary systems usually focuses on the parties’ utility maximization as corporate actors. However, the most recent process of government formation after the German general election in 2017 followed a different type of logic and led to an outcome unlike that of other coalition negotiations. Regarding policy seeking, office seeking, and vote seeking, the outcomes of both the exploratory talks between Christlich Demokratische Union (CDU)/Christlich-Soziale Union (CSU), Freie Demokratische Partei, and the Greens and the negotiations between CDU/CSU and Sozialdemokratische Partei Deutschlands are at least partly irrational from a cost–benefit analysis. This article examines the formation of Germany’s government in 2017–2018 and reveals the paradoxical outcomes of each phase of the negotiations. Empirical data to underpin the argument stem from interviews with negotiators and statements of direct participants in the formation of the coalition. Instead of the parties’ utility maximization, negotiations were largely dominated by intraparty conflicts, in which individual interests and personal trust rather than partisan unitary programs were most relevant to the negotiation process and outcome. Our work answers the question of why the grand coalition was unexpectedly renewed in the end—contrary to what might be predicted based on established theories of coalition building. The observations and conclusions set forth are of general interest not only for future coalition negotiations in Germany but also for other European parliamentary democracies facing increasing party fragmentation. Most importantly, the analysis yields insights into negotiations undertaken in the absence of rationalist behavior.     

Leiden Nutztiere unter ihren Haltungsbedingungen? – Zur Ermittlung von Leiden in Tierschutzstrafverfahren

Natur und Recht - Bei landwirtschaftlich genutzten Tieren werden strafrechtlich relevante Leiden infolge einschränkender Haltungsbedingungen regelmäßig verkannt. Grund dafür ist...     

Forewarned is Forearmed: How the Hungarian Crisis of 1956 Helped the Romanian Leadership

This article examines how the Hungarian crisis and Soviet interventions strengthened the position of the Romanian communist leadership. First, it eroded the respect of several Bucharest officials for the Soviet army, reinforcing their desire to see Soviet troops leave Romania. Second, the crisis brought back memories of earlier historical events that seemed to provide ‘proof’ of Hungarian bellicosity, which the Romanian leadership used to discriminate against ethnic Hungarians in Romania. Third, the crisis aroused fears of Transylvanian irredentism, which Bucharest used to control the population. Fourth, by incarcerating Imre Nagy, Bucharest leaders could witness his suffering, which motivated them to avoid his fate.     

East Germany in 1956: Walter Ulbricht's Tenacity in the Face of Opposition

Why did East German leader Walter Ulbricht outlast other Stalin‐era Soviet allies in Central and Eastern Europe? This article considers this question, comparing Ulbricht's situation with that of the Hungarian communist leadership in 1956. The article examines different aspects of the question, from relations with the Soviet Union to the archival evidence for popular opinion in East Germany in the crisis year of 1956. It concludes that Ulbricht's relative longevity in power was due to a combination of factors, from the exposed position of the German Democratic Republic in the Cold War, and the support this elicited from the Soviet Union, to the legacy of the unsuccessful workers' uprising of 1956 and the weakness of Ulbricht's internal opposition.     

The “process” of patenting: Why should we care about a potential U.S. Supreme Court decision in Bilski v. Doll?

In Bilski v. Doll, the U.S. Supreme Court is called to define one of the categories of patent-eligible subject matter, “process” patents. In 2008, the Court of Appeals for the Federal Circuit held that the category has a narrow meaning, and that to be eligible for a process patent under 35 U.S.C. § 101, the invention must involve a machine or apparatus or involve a transformation to a different state or thing, ultimately rejecting the patent application as unpatentable subject matter. The patent applicants have asked the U.S. Supreme Court to determine two issues: first, the meaning of “process” in 35 U.S.C. § 101 and whether the lower court properly relied on a “machine-or-transformation” test, and second, the test's potential conflict with 35 U.S.C. § 273, which provides protection for “method[s] of doing or conducting business.” The Court's decision could change the way that research and business are done, and patent protection for such investments. Parts 1 and 2 of this article address Bilski directly and what is and is not in dispute. Part 3 addresses the “machine-or-transformation” test, while Parts 4 and 5 address reasons not to adopt such a test.