<Emphasis Type="Italic">Society’s</Emphasis> Books of Note

Society’s Books of Note

Society’s Books of Note November/December 2010     

Labor migration,ethnic kinship,and the conundrum of citizenship in Turkey

This paper explores the ambiguous purchase that claiming Turkish ethnicity has in Bulgarian Turkish migrants' attempts to access formal and social citizenship. I suggest that despite the new Citizenship Law, which appears to eliminate ethnic privilege, the emphasis on Turkish ethnicity continues to play a significant role in the migrants' attempts at inclusion. I seek to resolve this seeming tension between, on the one hand, the continuing significance of ‘Turkishness’ in migrants' discursive claims, and, on the other hand, the failure of most of these claims to materialize in practice by addressing the question of social and economic capital. Although ethnic belonging continues to be an important facet of citizenship, social class makes a significant difference in determining who qualifies as a citizen and has access to social citizenship. I thus argue that we need to expand the current terms of the debate on the inclusiveness of citizenship in Turkey, which revolve around ‘denationalization’ and ‘postnationalism,’ to include questions of class-based exclusion.     

Serving the creditors after insolvency filings: from value creation to value distribution

This paper provides original empirical evidence on the financial outcome of insolvency filings in Europe. We adopt a cross-country analysis of the determinants of recovery rates isolating three types of creditors (junior, senior, and new money claims). We investigate the structure of recoveries on a unique hand-collected sample of bankrupt firms in France, Germany, and the UK. We initially question value maximization, and study to which extent the legal provisions prevailing after insolvency filing can influence creditors’ overall recoveries. Three procedures differ significantly from our benchmark (UK liquidations). French continuation and UK receivership exert a positive influence onto total repayments, while such influence becomes negative under French liquidation. We relate this finding to the ability of the two former procedures to improve coordination among the creditors, monitoring of the debtor, and/or incentives to file early. We then analyze value distribution by examining competition between the categories of creditors. We show that the insolvency systems do not converge. Junior and senior creditors are better served under the German and the French continuation procedures than in any other bankruptcy path. At the opposite, the UK liquidation procedures fail to satisfactorily serve the junior/senior creditors. Still, nearly all the insolvency procedures support fresh financing by protecting quite well new money claims. Overall, we do not confirm any superiority of one family of insolvency system over another, but rather stress the importance of an appropriate design of the procedures, especially regarding the incentives they create before and after insolvency filing.     

Defining A Product Market for Spanish-Language Broadcast Media: Lessons from United States v. Univision Communications,Inc. and Hispanic Broadcasting

In 2003, a media merger with dramatic content and policy implications went largely unnoticed. Little attention was paid to the transaction because it did not affect the majority; it affected the largest minority population in the United States: Hispanics. Although up to 65% of Hispanics prefer Spanish-language media, most broadcast media now come from one corporation, Univision. In approving the consolidation of Univision and Hispanic Broadcasting, the FCC ignored product market findings by the Department of Justice as well as its own policy precedent, which includes numerous exceptions for Spanish programming to promote content and ownership diversity. Consistent with the FCC's mandate to protect the public interest, a demand-side analysis is undertaken, positioning the audience as consumer. Industry evidence, product market thresholds, and ownership rules are applied to United States v. Univision, Inc. and Hispanic Broadcasting, with the conclusion that a separate product market must exist for Spanish language broadcast media.     

Labour market segmentation in Cameroonian manufacturing

The economic crisis in Cameroon has provided a test for distinct causes of labour market segmentation. Many firms that previously followed rigid legislation have ceased to do so, while a traditional informal sector has continued outside almost all regulation. We categorise workers as informal, formal, or regulated, by firm characteristics, and test for labour market segmentation between these sectors. Direct legislation is the most significant cause of segmentation. We find limited evidence that the costs of becoming formal create rationing in formal‐sector jobs. While addressing both sets of rigidities would have maximum impact on unemployment in Cameroon, reforming direct labour legislation is likely to have the most beneficial short‐term impact.     

Population and income: Is there a puzzle?

Abstract

This note presents wide evidence on the relationship between population and income for 125 countries for which data was available for the period 1950–2000. The main result is that there is a weak but negative relationship between population growth and per capita GDP, as income increases population expands at a slower rate. This relationship appears to be stronger for African countries and for Asian countries before 1970.     

The Communist Ideological Legacy and Serb–Albanian Relations in Kosovo∗

This article uses Central Asian examples to challenge theories of ethnic nationalism that locate its origins in intellectual activism (Hroch), state modernization processes (Gellner), or the rise of mass media (Anderson). Modern Uyghur cultural politics and traditional Central Asian dynastic genealogies reveal related processes used in constructing modern nationalist symbols and pre-modern ideologies of descent. Modern territorial states with ideals of social unification and bureaucratic organization rely upon nationalist discourses to elaborate and rework cultural forms into evidence for the ethnic nation. The state links citizens to institutions through nationalist content used in political discourse, schooling, and public performances. Because such content is presented as authentic but used instrumentally, its contingency and fabrication have to be concealed from view: the culturally intimate spaces of bureaucratic production of culture and narratives are separated from public performances. The creation of genealogies used to legitimate pre-modern states are similar: compositional processes and goals are kept offstage, and little is disclosed in the public historical narratives and performances.     

The doctrine of substantial performance: comparisons between English and Malaysian law

This article will consider the application of the doctrine of substantial performance from the perspective of English and Malaysian law. The analysis of the doctrine has focussed on the examination of cases on construction and building contracts. The paper explains the English approach to the doctrine by examining the factors considered judicially effecting the successful application of the doctrine. The article also compares the English approach with the Malaysian approach, where it was discovered that Malaysian courts, in some cases, consider reliance as an essential factor for the successful application of the doctrine.