Search,Seizure, and Immunity: Second-Order Normative Authority and Rights

Abstract

A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court's decision is that, at least in some cases, a right can be removed by the intentional actions of the very party against whom the right supposedly protects the rights holder. We argue that the Court's decision is mistaken. The police officers in the case were not morally permitted, and should not be legally permitted, to intentionally create the very circumstances that result in the removal of an individual's right against forced, warrantless search and seizure.     

Unpacking the Global Perspective: Examining NISPAcee Region-Focused Public Administration Research in American Scholarly Journals

Comparative and international public administration research in the United States (US) has enjoyed moments of both prestige and inattention over the last several decades, variation that is important in that it reflects the efforts of a scholarly field to contribute to improved individual and organizational performance. These contributions are, in and of themselves, worthy of attention and critical reflection. This article examines public administration research focused on the Network of Institutes and Schools of Public Administration in Central and Eastern Europe region published in US-based academic journals from 1997 to 2012, discussing trends that have characterized empirical and conceptual research during that period. The article concludes with comments on collaboration in public administration research.     

Unintended consequences: social policy,state institutions and the ‘stalling’ of the Malaysian industrialization project

Abstract

This paper examines the relation of particular forms of social and labour market policy to economic development. Taking the history of Malaysian industrialization as its empirical case, the paper assesses the unintended consequences of redistribution policy, on the one hand, and migration policy, on the other, for the limited upgrading of the country's electronics industry. It argues that, while the former has been central to social harmony in Malaysia's multi-racial society, it has contributed to the underdevelopment of small and medium-sized firms capable of linking with the TNCs on the basis of knowledge-intensive and higher value-added operations. Migration policy, on the other hand, has allowed manufacturers to have continued access to supplies of low-cost, lower-skilled labour that have released the pressures that would otherwise have been there for technological and skill upgrading in the electronics industry. Only in Penang, where regional state institutions have intervened to encourage SME upgrading, has the national picture been moderated. Malaysia's industrialization project emerged at time when export competition in manufactured commodities was less intense than it is now. Largely as a result of federal government priorities and for other reasons explored in the paper, advantage was not taken of this ‘window of opportunity’. As a consequence, the country's industrialization project – exemplified by its electronics industry – is now ‘stalling’ in the sense that it remains locked into low- to medium-technology operations. With the rise of China as a manufacturing exporter, this is a dangerous situation for a country's principal industry to be in.     

EU Accession and the New Slovak Consensus

In May 2003, Slovakia produced the highest percentage of ‘yes’ votes ever in an EU accession referendum, although turnout was only just above the 50 per cent necessary for it to be valid. After deep political polarisation in the 1990s, a consensus had been formed on the overriding need for EU membership, which was supported by all parliamentary political parties. It was the first Slovak referendum ever where not only the answer to the question, but also the propriety of holding the referendum, were not the subject of bitter political argument. However, despite impressive civic voter participation campaigns in the two previous national elections, a low level of contestation made it hard to mobilise all pro-EU voters yet again for the referendum. Lack of leadership, and the hope that turnout would drop below 50 per cent, also encouraged the Eurosceptic minority to abstain.     

On being the ‘gender person’ in an academic department: constructions,configurations and implications

The term ‘gender person’ in an academic department is a colloquial expression which refers to someone who researches and/or teaches about gender, but whose primary affiliation is not to a gender studies department or centre. This role has particularly been discussed in relation to international development organisations, but has been neglected in relation to higher education institutions. The article reapplies Lucy Ferguson’s ‘gender person’ framework to academics working as ‘gender people’ in the conditions of contemporary academia. Three cases of different manifestations of the ‘gender person’ role are explored in detail and analysed for the ways in which occupying the ‘gender person’ role impacts upon academic careers and gender knowledge. The article contributes an elaborated concept of the ‘gender person’ in academia and provides empirical evidence of being the ‘gender person’. The article particularly shows that relying on a ‘gender person’ as a form of gender mainstreaming renders both gender academics and academic departments vulnerable in different ways.     

The dynamics of health care opinion, 2008-2010: partisanship, self-interest, and racial resentment

Recent debate over the Patient Protection and Affordable Care Act highlights the extent of party polarization in Washington. While the partisan divide on this issue is stark among political elites, it is less clear how the mass electorate has responded to this divisive conflict. In this article we examine individual-level dynamics in health care attitudes between 2008 and 2010. We find partisan attachments and self-interests strongly predict change in health care attitudes, with Republicans growing more opposed to universal health insurance between 2008 and 2010, and those personally worried about medical expenses less likely to abandon support. We find, however, that the effect of partisanship is moderated by self-interest, with strong Republicans significantly less likely to switch to opposition if they were personally worried about medical expenses. Finally, we find that health care policy preferences, already tinged with racial attitudes in 2008, became increasingly so by 2010.     

Predicting Phenotype from Genotype: Normal Pigmentation*

Abstract: Genetic information in forensic studies is largely limited to CODIS data and the ability to match samples and assign them to an individual. However, there are circumstances, in which a given DNA sample does not match anyone in the CODIS database, and no other information about the donor is available. In this study, we determined 75 SNPs in 24 genes (previously implicated in human or animal pigmentation studies) for the analysis of single‐ and multi‐locus associations with hair, skin, and eye color in 789 individuals of various ethnic backgrounds. Using multiple linear regression modeling, five SNPs in five genes were found to account for large proportions of pigmentation variation in hair, skin, and eyes in our across‐population analyses. Thus, these models may be of predictive value to determine an individual’s pigmentation type from a forensic sample, independent of ethnic origin.