Privacy,the news media,and the courts

Abstract

This article is concerned with the conflict between the news media's position that the public has a ‘'right to know'’ under the free press provision of the First Amendment and the right to privacy under the tort law. The constitutional issue is raised whenever the media print or broadcast accurate, but often embarrassing, facts about a person, or whenever personal information is publicized which an individual prefers not to share with the general public.

In unwanted publicity and public disclosure cases, the courts have accorded greater weight to the defendant defenses of consent, news‐worthiness, and media privilege than to the plaintiff's invasion of privacy claim. To remedy this inequity, a two‐tier judicial model is proposed that would have courts balance the two competing interests in such a manner as to enhance individual privacy without diminishing the informational function of the news media.     

A Nationalist's View of Lawfare

Many lawyers, military legalists, scholars, and policymakers continue to march the United States down the road to full membership in the International Criminal Court (ICC). This article explores the darker side of such a trek, from both legal and strategy perspectives, by examining three important fracture points that make joining the ICC irreconcilable with our Constitutionally-based republican form of government: Constitutionally protected individual rights; the American legal notion of the individual right of self-defense, and the influence of Sharia law.     

The Rise and Fall of the 'Ethical Dimension': Presentation and Practice in New Labour's Foreign Policy

This article explores why the New Labour government in Britain stopped using the former Foreign Secretary Robin Cook's notion of an 'ethical dimension' to present its foreign policy to the public. The article begins by tracing the rise of the 'ethical dimension' in New Labour's foreign policy pronouncements. It then surveys some of the debates about the party's foreign policy record, investigating how far its explicit appeal to ethics merely overlies traditional British foreign policy practices. The final section discusses three possible explanations for New Labour's decision to abandon the language of an 'ethical dimension'. It is argued that this decision suggests two important lessons for the future relationship of ethics to foreign policy. While explicit ethical standards provide important benchmarks for activists and public intellectuals, they can also serve to highlight the failures of an administration at the expense of more positive developments. Consequently, jettisoning the language of an 'ethical dimension' may actually encourage a more sophisticated public debate that moves beyond the facile and misleading belief that foreign policies are either 'ethical' or 'unethical'.     

The development management task and reform of 'public' social services

With its emphasis on target-setting and performance measures, the New Public Management (NPM) appears to offer a coherent and 'no-nonsense' approach to public sector reform and the public management task. This article suggests that three questions require further thought: 'Management of what?', 'Management by whom?', and 'How to manage?' It considers these questions using the case of Community Based Health Care (CBHC) and its promotion by NGOs in Tanzania. The article argues that the task of public management is one of managing an arena of public action which includes (and excludes) a range of actors and agendas. Once this is taken into account, it becomes clear that the challenge to all development managers is how to manage more effective interdependence.     

A Bear in the Woods? Threat Framing and the Marketplace of Values

To many scholars, the Bush administration's ability to convince a majority of the public to favor war with Iraq represents a dangerous failure of the marketplace of ideas. A healthy marketplace, they argue, would have produced a more robust debate over the administration's justifications for war, revealing their weakness. In this paper I argue that these scholars have based their arguments on a poorly specified model of the marketplace of ideas and that Iraq does not represent a failure of the marketplace. Contrary to conventional wisdom, the strength of the marketplace lies not in its ability to move the nation toward truth via debate and deliberation, but in its tendency to divide the public into countervailing factions based on competing sets of values and competing frames of the issues at hand. I develop this argument first by elaborating a model of the “marketplace of values” and redefining threat inflation as a process of efforts to frame security issues for the public. I test my model first against public opinion data regarding American threat perceptions and then use it to explain the Bush administration's successes and failures in building and maintaining public support for the war in Iraq.     

Attitudes toward Consent-Based and Non-Consent-Based International Law in a Regional Power Context

International legal scholars have identified and argued for and against new forms of non-consent-based international law. We study variation in Brazilian public opinion about adherence to international law created in three different ways: through a consent-based multilateral treaty, by the U.N. Security Council with the participation of Brazil, and by the U.N. Security Council without the participation of Brazil. Information that Brazil has participated in creating the international legal obligation through a multilateral treaty or membership on the Security Council yields levels of support for adherence to the legal obligation that are similar to those found when the origins of the legal obligation are generic. Information that the international legal obligation was created without Brazil’s participation, on the other hand, results in reduced support for compliance. This difference, which is particularly concentrated among highly educated respondents, is not driven by reduced concerns about reputational consequences or sanctions. Our results suggest that the increased use of non-consent-based forms of international law might be challenged by a lack of public support for compliance.     

From Contest to Content: The Impact of Public Journalism on New Zealand Election Campaign Coverage

Supporters of public journalism hope to reengage citizens with politics and overcome the shortcomings of contemporary political journalism. However, there has been little systematic study of how public journalism differs from mainstream journalism. During the 1996 general election campaign in New Zealand, the first under proportional representation, three newspapers, conscious of the challenges imposed by electoral changes, experimented with public journalism coverage. This presented an opportunity to study how coverage as a whole differed from coverage of the previous elections and what specific changes were the result of public journalism initiatives. The researchers analyzed 1,938 stories from a 12-day sample of the New Zealand general election campaign coverage in 1993 and 1996. A total of seven metropolitan and provincial papers were included. The results showed public journalism articles covered proportionally more policy issues and concentrated less on personality than conventional campaign stories. Public journalism stories also were less negative and more neutral in tone and were more inclined to be ''soft'' news, reflecting a tendency to cover issues rather than events. Public journalism articles also were less likely than conventional coverage to cover the campaign from a ''horse race'' angle. The findings provide support for the utility of public journalism in campaign reporting.     

Drug-Resistant Tuberculosis: Security,Ethics and Global Health

*This article is part of a project on infectious diseases, security and ethics sponsored by the Australian Research Council. For their valuable feedback on earlier versions, the author thanks Simon Rushton, Stefan Elbe and the Global Society reviewers. View all notesThe worldwide spread of drug-resistant strains of tuberculosis (TB) bacteria is out of control and incidents of harder-to-cure TB illness are rising. This article explores the present and potential impact of extensively drug-resistant tuberculosis (XDR-TB)—a deadly, contagious and virtually incurable disease—on human health and state capacity. Detected cases of XDR-TB can occasion the implementation of extraordinary control measures, because some governments are sufficiently fearful of the disease as to frame it as an issue of national security. Such framing has the potential to precipitate more financial resources and stronger legal powers to bolster public health, but it might also increase the risk that emergency response measures will be counterproductive and/or unjust. Framing XDR-TB as a security issue is empirically plausible, and doing so is a good thing provided that increased response efforts promote rather than hinder the provision of universal access to adequate TB treatment over the long term. Two disease control measures that are motivated particularly by security concerns are border control and patient isolation. This article offers an assessment of each measure by reference to public health ethics in order to differentiate good and bad securitisation.     

Institutional legitimacy in Sub-Saharan Africa

ABSTRACT

How do personal encounters with legal institutions shape citizens’ confidence in those institutions throughout sub-Saharan Africa? Using Afrobarometer’s cross-national citizen survey, we show that negative first-hand experiences with government courts and police erode citizens’ trust in those state institutions but do not tend to disrupt citizens’ perceptions of their authority to arbitrate or enforce the law. Individuals from diverse demographic backgrounds imbue state institutions with the right to perform their governance and law-enforcement duties, even after experiencing institutional incompetence or injustice. This article advances existing comparative research on legal institutions, which tends to conflate trust and legitimacy and overlooks the distinction between de facto performance and de jure authority. We suggest that rule-of-law institutions have deeper roots than some scholars have previously supposed.     

Overcoming the weight of history: ‘Getting to yes’ in the Peru‐Ecuador border dispute

This article presents and analyzes the elements of the Western Hemisphere's longest standing boundary dispute and the crucial role of the region's oldest multilateral conflict resolution mechanism in working out an historic agreement in October 1998. Other factors in combination were also critical for success: an existing international legal framework, multilevel bilateral and multilateral diplomacy, decisive leadership and statecraft, and public diplomacy. The analysis suggests that the final settlement is a significant milestone in international diplomacy, demonstrating that even the most deeply ingrained differences between states can be resolved by the patient and persistent efforts of all parties involved.     

Regulating party politics in the Western Balkans: the legal sources of party system development in Macedonia

Party regulation in general and its systemic consequences in particular have not been a matter of concern for scholars until very recently. Despite recent efforts to study how political parties are regulated in post-authoritarian democracies and in conflict-prone societies, the question of how party legislation affects party formation and party system development in the Western Balkans still remains a mystery. Adopting a multi-disciplinary (that is, legal and political) approach, this article attempts to fill a gap in the literature by analysing how different party (finance) regulations shaped the party system in Macedonia, one of Europe's most recent (and under-researched) democracies, while controlling for changes in electoral regimes. There are two main findings. On the one hand, registration requirements had the strongest impact on the party system format, even when the electoral system pushed in the opposite direction. On the other, public funding, rather than “cartelizing” the system, mainly facilitated the survival of (both big and small) parties. Finally, the article also points to the need to explore the role of shadow financing and corruption when analysing the effects of party finance in new democracies.     

Security Studies and the Use of History: Neville Chamberlain's Grand Strategy Revisited

In The Gathering Storm, Winston S. Churchill claimed that during the 1930s British leaders were willfully blind to the German threat and failed to meet it by rearming. Accepting the Churchillian narrative, leading IR scholars regard British grand strategy during the 1930s as glaring example of strategic adjustment failure. This article reappraises British grand strategy during the 1930s and rejects both the Churchillian narrative, and the scholarly claims that Britain did not adjust its strategy to the German threat. In the 1930s, Britain did balance against Germany and focused on countering what policy makers perceived as the key threat facing Britain: its vulnerability to German air attack. Britain's grand strategic options were limited by external conditions and by domestic economic constraints. Neville Chamberlain, therefore, was playing a weak hand, and did the best that he could with the cards he was dealt. Britain's 1930s grand strategy is one of the historical cases most frequently used by IR scholars for theory testing. For that reason alone, it is important to get the history right. This is not the only reason, however. The 1930s have provided many of the concepts, images, and metaphors that have dominated the discourse about American foreign policy since World War II. Because scholarship about the events of the 1930s shapes the discourse about real-world policy, getting the history right matters.     

Dismantling the Oil Wars Myth

This article argues that, contrary to the assumptions of international relations scholars, policymakers, and the general public, states do not engage in oil wars. A twofold strategy is employed to support this assertion. First, the article scrutinizes the logical underpinnings of oil war claims, arguing that proponents have underestimated the obstacles to seizing and exploiting foreign resources and, consequently, exaggerated the likelihood of oil wars. Second, the article examines four conflicts that are commonly identified as international oil wars: Japan's attack on the Dutch East Indies in World War II, Iraq's invasion of Kuwait, the Iran--Iraq War, and the Chaco War between Bolivia and Paraguay. It finds that the desire to control additional oil resources was not the fundamental cause of aggression in any of these conflicts. In the latter two cases, aggression was unconnected to oil interests. In the former, states fought for their survival, not for an oil prize.     

In defence of intra‐disciplinarity: ‘European studies’, the ‘New Regionalism’, and the issue of democratisation

This article argues in favour of an intra‐disciplinary rapprochement between ‘EU studies’ and those working in the ‘new regionalism’ (NR). I take the issue of democratisation as an example of how scholars of both the EU and NR could usefully learn from each other. European Union studies has recently undergone a ‘normative turn’, through which inter/intra‐disciplinarity has received a fillip; I argue that at both conceptual and empirical levels, new regionalist studies would benefit from a similar mainstreaming of democracy issues and a similarly open approach to inter/intra‐disciplinarity. Moreover, EU studies scholars would benefit both conceptually (an escape from the ‘N=1’ problem that has plagued integration theory, the adoption of a clear critical theory perspective) and empirically (further cases in which to test hypotheses and generate data) from such a rapprochement.1 I would like to thank the three anonymous referees who made such supportive and helpful comments on the first draft of this article. View all notes     

Presidential Influence of the News Media: The Case of the Press Conference

Can presidents influence news coverage through their press conferences? Scant research has explored this question leaving two possible answers. On the one hand, presidential news management efforts, combined with norms of journalistic professionalism and the cost of producing news, suggest that the nightly news will cover presidential press conferences. On the other hand, the costs of delivering press conferences espoused by some scholars insinuate that press conferences will have little impact on news coverage. To determine whether the press conference influences news coverage, I use plagiarism detection software to assess the propensity of television news to incorporate the president's rhetoric into stories that cover the president's press conferences. I find that news reports on the press conference rely heavily on the president's words, indicating that it is an important event for presidential influence of the news media and perhaps eventually the public.     

Using international law to assess elections

This article provides an overview of existing obligations for democratic elections in public international law (PIL), and links these obligations to criteria for assessing electoral processes. We argue that PIL provides a basis for election observation that is more transparent, more objective, and has greater authority with host countries because it relies on states' acknowledged international legal commitments. In addition, the authors argue that this approach provides a solid foundation for building broad consensus on what constitutes ‘international standards for democratic elections’, an often-used term for which there still is no single commonly accepted definition.     

美日住房权保障经验及对我国的启示

住房权是联合国规定的重要的公民权利,是基本人权。我国1997年签署并于2001年加入《经济、社会和文化权利国际公约》,承诺为实现公民的住房权而努力。而迄今为止,并没有制定一部有关住房权保障方面的法律,近年来由于房价的攀升和全国人大将《住房保障法》列为立法规划之一,引起学界对住房权、住房权保障问题的热议。美日两国的经验教训表明,公民住房权的实现,仅仅依据公民的自我努力是不够的,要使我国公民的住房权真正实现,就要借鉴发达国家的经验和教训,在承担国际义务的前提下根据我国的国情,将政府保障公民住房权的义务上升为法律义务,通过法律保障措施来明确国家责任、政府责任,只有将两者紧密结合,才能促进公民实现住房权。     

Wrapping up in something long: Intimidation and violence by right‐wing groups in postwar Japan

Political organizations enjoy considerable legal protection under Japan's postwar constitution, and right‐wing organizations acquired additional political protection during four decades of uninterrupted rule by the conservative Liberal Democratic Party. These circumstances facilitated the development or re‐emergence of (1) complex links and overlapping memberships between right‐wing political groups, organized crime groups (yakuza), and professional corporate extortionists (sōkaiya); (2) tolerance and encouragement by state authorities of the use of violence by such groups as forms of private policing; and (3) the formation of bogus right‐wing groups to facilitate extortion, intimidation, and political corruption under cover of legal protections afforded to political organizations. This situation is reassessed in light of new legislation, current changes in the Japanese political situation and a recent influx of foreign workers.     

Public sector trade unions in the face of privatisation

This paper looks at the nature and extent of privatisation around the world, including an analysis of the bodies or interests which promote this 'panacea' policy. It identifies a number of responses which public sector trade unions have made to such policies, especially where these have been ideologically driven. It offers some examples of ways in which trade unions have developed their own models/proposals for modernisation of public services and shows how these have been both challenges and benefits to unions and service recipients. It looks at how agencies such as the World Bank have responded to these initiatives.     

Promoting trade through private law: Explaining international legal harmonization

A large body of research examines states’ efforts to increase international trade through public law, that is, by forming preferential trade agreements (PTAs) that lower governmental barriers to trade. Scholars, however, have overlooked another mechanism through which states seek to facilitate trade: international harmonization of private law. Underlying legal harmonization is the assumption that cross-national variation of commercial law impedes trade; by contrast, similarity of laws across countries encourages trade by reducing uncertainty and transaction costs. I argue that the harmonization of private law acts as a substitute for the public-law channel of stimulating trade: countries with limited PTA partnerships make up for this deficiency by joining initiatives for private-law harmonization. This argument is tested by analyzing the UN Convention on Contracts for the International Sale of Goods-one of the primary instruments of legal harmonization. Indeed, countries that are party to shallow PTAs or have few PTA partners are more likely to ratify this private-law convention. Overall, this article urges scholars of trade and international law to broaden their research agenda to include private law.