Toward a New Legal History of Capitalism and Unfree Labor: Law,Slavery, and Emancipation in the American Marketplace

New work on the “history of capitalism” reveals how the personal freedom enjoyed by people living within the liberal capitalist mainstream is often purchased by coerced labor at the social margins. Walter Johnson's book River of Dark Dreams: Slavery and Empire in the Cotton Kingdom makes this argument with force, utilizing the concept of “slave racial capitalism” to suggest how race‐based slavery constituted a necessary component of early American economic expansion. Using Johnson's framework as a starting point, this essay argues that the legal institutions of property and contract, institutions underwriting a genuinely “slave racial capitalist” regime, also contained certain subversive possibilities within themselves, eventually challenging unfree labor as a modality of rule within the modernizing United States.     

Uncivic Society as a Sociopolitical Phenomenon in Ukraine: Reflections of the Social Character of the "Average" Ukrainian in the Electoral Process

Among the many remarkable peculiarities of the electoral process in Ukraine during the eighteen-month electoral cycle (from the parliamentary elections in March 1998 to the presidential elections in October-November 1999), the features of most interest to political scientists are those that, if properly explained, will enable us, first, to outline the basic parameters of citizens' behavior under the political regime that has evolved during the last ten years and, second, to determine the value orientations and the potential of the principal social and political actors. Above all, I have in mind the sociopolitical and sociocultural components of the elections or, to use a term of Erich Fromm's, the social character [1] of what is called the mean statistical (average) Ukrainian.     

Gendered Imprisonment in Japan: An Examination of Imprisonment for Stimulant Drug Offenses

Japan is well known not only as a society with low crime rates but also for using incarceration sparingly, sending few convicted offenders to prison. Yet, certain crimes, such as drug offenses, receive little leniency in the Japanese criminal justice system. Johnson (1996b) found empirical support for both chivalry and an ‘'evil woman'’ effect in the system's treatment of female drug offenders. This paper reexamines and extends the core issues in Johnson's (1996b) exploration of women's imprisonment in Japan. It traces the patterns in female incarceration where data are available from the postwar period until 2004. It specifically examines the incidences of incarceration of women for stimulant drug offenses and identifies key correlates on the macro‐level associated with changes in imprisonment practices.     

Evaluating the Efficacy of Protection Orders for Victims of Domestic Violence

Abstract

The purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order.     

Presidential Campaigning in the 2002 Congressional Elections

Theories involving coattails, surge and decline, presidential popularity, and the economy ascribe little importance to presidential efforts to influence congressional elections. Since such efforts do occur, we ask: What happens when a president campaigns for fellow partisans? We examined President George W. Bush's decisions to campaign for certain House candidates in 2002, and we assessed the effect of his visits on Republicans' electoral successes. Both the competitiveness of a race and the president's electoral self‐interest increased the likelihood of a visit on behalf of a candidate. Neither party loyalty nor presidential support in Congress had an effect. We conclude that presidential campaign visits significantly enhance candidates' electoral prospects.     

All the President's Senators: Presidential Copartisans and the Allocation of Federal Grants

Previous scholarship argues that House members' partisan relationship to the president is among the most important determinants of the share of federal dollars they bring home to their constituents. Do presidential politics also shape distributive outcomes in the Senate? Analyzing the allocation of more than $8.5 trillion of federal grants across the states from 1984 to 2008, we show that presidential copartisan senators are more successful than opposition party members in securing federal dollars for their home states. Moreover, presidents appear to target grants ex post to states that gain presidential copartisans in recent elections.     

Rational lobbying and EU climate policy

Using a simple rational choice model as a heuristic device, this paper explores the lobbying behaviour of environmental and business organisations in the field of climate policy and discusses why their lobbying behaviour differs. I find that environmental organisations lobby less than what would be considered rational according to the simple rational choice model, and argue that this might largely be explained by tight budget constraints. I also find that business organisations lobby more than what would be considered rational according to the model, and argue that this might be explained if one applies a long-term perspective on rational lobbying in the policy field rather than a short-term perspective on single policy decisions. Moreover, I find that the type of lobbying differs. While environmental organisations focus on single policy decisions, business organisations also invest in general lobbying. The analysis is based on interviews with interest organisations lobbying in the field of climate policy at the European Union (EU) level.

The Real Story Behind the Nation's First Shield Law: Maryland, 1894–1897

Blame it on H.L. Mencken. His unsupported account of how Maryland adopted the nation's first shield law in 1896 has been repeated in books and articles for seventy-five years, but it was a fabrication based on shoddy reporting. This article will show the law was not prompted, as Mencken claimed, by the jailing of Baltimore Sun reporter John T. Morris but by the criminal indictments of reporters John S. Shriver and Elisha J. Edwards in 1894. Passage of the law was not connected to local events but was sparked by a scandal unfolding in Washington. The drive for a shield law was not isolated to Maryland but was part of a national lobbying campaign that included talk of a federal shield law. Finally, that campaign did not emanate from The Baltimore Sun but from The Baltimore American.     

Strategic Position Taking and Presidential Influence in Congress

The rise and fall of presidential success in Congress remains a central puzzle in the literature. We model success as two interrelated processes: presidential position taking and Congress's decision to support or oppose the president. The analysis emphasizes the importance of strategic position taking in determining presidential success. We show that presidential approval significantly influences success, not only because it affects congressional behavior, but also because it shapes presidential decisions to take positions. Moreover, we explain that legislative success during the honeymoon period is driven by presidential position taking. Our findings highlight the role of a president's strategic decisions for theories explaining congressional‐executive relations.     

Up the Hill and Across the Aisle: Discovering the Path to Bipartisanship in Washington

Appeals for bipartisan diplomacy pepper popular commentary, often with wistful references to a bygone era where leaders (like Lyndon Johnson and Everett Dirksen) set aside partisan point scoring to serve the public interest. Here we reconsider the elements driving bipartisan contact in Washington. Stepping back from popular narratives, we situate the president‐opposing leader relationship within a more general class of institutional bargaining, leading to the prediction that bipartisan negotiation emerges from a particular combination of incentives and institutions—namely, when the president is strong politically (rendering opposing leaders willing to compromise) but opposing party leaders are strong institutionally (rendering them crucial to passing the deal). Utilizing Presidential Daily Diaries, hypotheses are tested against original data on presidents' personal interactions with opposing Senate leaders across 40 years, 20 Congresses, and eight presidencies (1961–2000).     

Coordination Cannot Establish Political Authority

One of the most common arguments in favour of the state's authority is that without the coordinating hand of political institutions, we could not achieve important moral benefits. I argue that if we understand authority correctly, then coordination cannot even in principle establish that coordinators have political authority.     

The Inside View: Using the Enron E‐mail Archive to Understand Corporate Political Attention

For decades, scholars have debated the role of corporations in American politics. To date, they have relied on either interviews or publicly disclosed spending and lobbying reports. This article presents new methods and data that enable us to consider the internal processes of corporate political attention instead. Aided by automated content analysis, this article uses more than 250,000 internal e‐mails from Enron to observe its political attention between 1999 and 2002. These e‐mails depict Enron's employees as focused on monitoring and formally participating in political processes, including bureaucratic processes. Only a small fraction of their political attention focused on elections.     

European Union Constitution-Making, Political Identity and Central European Reflections

Abstract: This article focuses on the European Union's constitution‐making efforts and their specific reflections in the Central European accession states. It analyses both the temporal and spatial dimensions of constitution‐making and addresses the problems of political identity related to ethnic divisions and civic demos. It starts by summarising the major arguments supporting the Union's constitution‐making project and emphasises the Union's symbolic power as a polity built on the principles of civil society and parliamentary democracy. The EU's official rejection of ethnically based political identity played an important symbolic role in post‐Communist constitutional and legal transformations in Central Europe in the 1990s. In the following part, the text analyses the temporal dimension of the EU's identity‐building and constitution‐making and emphasises its profoundly future‐oriented structure. The concept of identity as the ‘future in process’ is the only option of how to deal with the absence of the European demos. Furthermore, it initiates the politically much‐needed constitution‐making process. The following spatial analysis of this process emphasises positive aspects of the horizontal model of constitution‐making, its elements in the Convention's deliberation and their positive effect on the Central European accession states. The article concludes by understanding the emerging European identity as a multi‐level identity of civil political virtues surrounded by old loyalties and traditions, which supports the conversational model of liberal democratic politics, reflects the continent's heterogeneity and leads to the beneficial combination of universal principles and political realism.     

Race,Crime, and Criminal Justice

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson did not frequently mention race and ethnicity in its discussion of and recommendations for the criminal justice system, but it did have a lot to say about race and crime. Through the use of arrest rates to measure racial differentials in criminal involvement, the Commission concluded that Blacks commit more crime as a consequence of Black people living in greater numbers in criminogenic “slum” conditions. To address racial differences, the Commission favored the Great Society programs of Johnson's War on Poverty. Contemporary criminologists continue to debate the racial distribution of crime, the causes of crimes, and the best policies to reduce crime and racial differentials. The Commission did not anticipate the current debate among scholars regarding how much racial disproportionality exists in the criminal justice system and its causes and consequences. The policies that led to mass incarceration have been significant drivers of continued criminal justice racial disparity. Those policies are inconsistent with the recommendation in The Challenge of Crime in a Free Society (1967), upending the pursuit of a more fair and just system.     

Editor's Introduction

Fear is the unifying theme of the articles that follow. Not the strakh about which Anatolii Rybakov wrote, but rather the fear for the future of stability, democracy, and social justice in Russia. But most of our authors conclude either on a hopeful note or with recommendations for action. In the first article ("The Electoral Map of Contemporary Russia"), Vladimir Kolosov and Rostislav Turovskii present the findings of their analysis of voting behavior in Russia's many regions. While not unlocking individual motivations at this level of analysis, they examine the commonplace assertion that the presidential election of June-July 1996 turned on the decline in people's living standards since the overthrow of Communism and the collapse of the Soviet Union. Almost all press commentary has reported, or assumed, that the anti-Yeltsin vote reflected disillusion with a government that has increasingly impoverished most Russians. Conceding that "the political stratification of Russian regions into reformist and oppositional regions has intensified," the authors nevertheless find that poorer regions sometimes supported Yeltsin over the Communist candidate, Gennadii Ziuganov. Thus, for example, Yeltsin carried Ivanovo Oblast despite its having the highest unemployment rate in the country. They find no direct connection between quality of life and voting patterns in the elections. Political criteria, not economic determinism, offer the best explanation for why people voted the way they did.     

The People Against Themselves: Rethinking Popular Constitutionalism

Ackerman, Bruce. 2014 . The Civil Rights Revolution . Cambridge, MA: Belknap Press of Harvard University Press. Shugerman, Jed Handelsman. 2012 . The People's Courts: Pursuing Judicial Independence in America . Cambridge, MA: Harvard University Press. In the course of reviewing Jed Shugerman's The People's Courts: Pursuing Judicial Independence in America and Bruce Ackerman's The Civil Rights Revolution, we argue for a reassessment of the way that scholars think about popular constitutionalism. In particular, we urge scholars to resist the tendency to create a dichotomy between judicial interpretation of law and a set of nonjudicial venues in which popular constitutionalism supposedly takes place. Popular constitutionalism is temporally and contextually bound, reflected in different forms and forums at different times in US political history and always dependent on the interactions between these institutions. By implication, this suggest that judges, rather than serving as obstacles to popular understandings of law, can and have used various forms of democratic authorization to strike down legislation violating both state and federal constitutions, thus bridging judicial review and popular constitutionalism with explicit support from the citizenry.     

Enacting the “Incomprehensible China”: Modern European Jurisprudence and the Japanese Reconstruction of Qing Political Law

The great ambition of Japanese colonialism, from the time of its debut at the end of the nineteenth century, was the reformulation of Chinese law and politics. One of the most extraordinary examples of this ambition is The Administrative Law of the Qing Empire [Shinkoku Gyōseihō], a monumental enterprise undertaken by the Japanese colonial government in Taiwan intended not only to facilitate Japanese colonial administration of Taiwan but also to reorder the entire politico‐juridical order of China along the lines of modern rational law. This article examines the legal analysis embraced in The Administrative Law of the Qing Empire and recounts its attempt to reconstruct the Qing's “political law” (seihō) by a strange, ambiguous, and hybrid resort to “authenticity.” The strangeness of this Japanese colonial production comes from Japan's dual position as both colonizer of Taiwan and simultaneously itself colonized by “modern European jurisprudence”(kinsei hōri). In uncovering the effects of modern European jurisprudence on the Japanese enterprise, we will discover Japan's pursuit of its own cultural subjectivity embedded in The Administrative Law of the Qing Empire, epitomizing the campaign of national identities observable in the process of East Asian legal modernization.     

Anatomy of Judicial Backlash: Southern Leaders,Massive Resistance,and the Supreme Court, 1954–1958

Exploiting a range of archival materials, we argue that state‐level variation in judicial backlash to Brown was as much the result of strategic choices by southern political elites as it was the ingrained prejudices of the region's white voters. Presenting case studies of massive resistance in Mississippi, Louisiana, Virginia, and Arkansas, we show that elite agency profoundly shaped the patchwork development of grassroots resistance to integration across the South. These findings challenge the prevailing view that backlash to Brown signaled the unequivocal triumph of racial conservatives. Rather, we argue that the region's response offered individual members of the southern elite significant autonomy to direct massive resistance in their home states. We also argue that southern lawmakers were responsible for the South's embrace of popular constitutionalism post‐Brown, and thus that it may not have been “popular” at all. We conclude that studies of judicial backlash would do well to reevaluate the assumption that backlash is necessarily a grassroots phenomenon.     

Explaining Seat Changes in the U.S. House of Representatives, 1950–98

Abstract: Recent U.S. House elections have challenged existing models of congressional elections, raising the question of whether or not processes thought to govern previous elections are still at work. Taking Marra and Ostrom's (1989) model of congressional elections as representative of extant theoretical perspectives and testing it against recent elections, we find that the model fails. We augment Marra and Ostrom's model with new insights, constructing a model that explains elections from 1950 to 1998. We find that, although presidential approval ratings and major political events continue to drive congressional elections, the distribution of open seats must also be taken into account.     

Hans Kelsen's Concept of Normative Imputation

This article compares and contrasts Hans Kelsen's concept of normative imputation, in the Lecture Course of 1926, with the concepts of peripheral and central imputation, in The Pure Theory of Law of 1934. In this process, a wider and more significant distinction is revealed within the development of Hans Kelsen's theory of positive law. This distinction represents a shift in Kelsen's philosophical allegiance from the Neo‐Kantianism of Windelband to that of Cohen. This, in turn, reflects a broader disengagement of The Pure Theory of Law from the more direct connection with a political project of a civitas maxima envisaged by the Lecture Course.