Price v. Time Revisited: The Need For Medium-Neutral Shield Laws In An Age Of Strict Construction

Journalists were alarmed when, in 2005, the United States Court of Appeals for the Eleventh Circuit denied shield-law protection to Don Yaeger, an investigative reporter for Sports Illustrated, in a libel suit by fired football coach Mike Price. Yaeger is a journalist, and Alabama's shield law offers absolute protection even when a journalist is a party to a case. The court's decision turned on the fact that Alabama's seventy-three-year-old statute does not include the word “magazine.” This article shows that this hole in the “covered medium” language of Alabama's statute is not uncommon among the nation's thirty-six shield laws and that the Eleventh Circuit's strict reading of the statute's text is not at odds with current trends in statutory interpretation. Those two facts, combined with the rise of the Internet as an important vehicle for journalism, suggest the time is ripe to scrutinize and modernize shield laws, some of which have been on the books for more than a century.     

MAINTAINING A UNITARY STATE: COUNTER-TERRORISM,SEPARATISM, AND EXTREMISM IN XINJIANG AND CHINA

This essay reviews the history of Uighur related terrorism in Xinjiang as well as elsewhere in China and discusses the political motivations and effectiveness of the Chinese government in suppressing terrorism. The essay assesses both the motivations of the Uighurs engaged in terrorism, as well as the motivations for counter terrorist by the Chinese authorities. A key objective of the essay is to determine what are the political and other reasons that drive the Chinese government’s counter terrorism strategy and tactics and whether these have been effective or counter-productive. The essay assesses the counter terrorism strategy of the Chinese government in Xinjiang Province and across China, the political motivations for the strategy, the impact and success or otherwise. The essay discusses if the government is combatting terrorism, or separatism, or extremism, the confusion of these terms, and whether this has had any impact on the effectiveness of counter terrorism.     

Tracing the Flow of Policy Ideas in Legislatures: A Text Reuse Approach

This article proposes a new approach to investigating the substance of lawmaking. Only a very small proportion of bills become law in the U.S. Congress. However, the bills that do become law often serve as vehicles for language originating in other bills. We investigate “text reuse” methods as a means for tracing the progress of policy ideas in legislation. We then show how a focus on policy ideas leads to new insights into the lawmaking process. Although our focus is on relating content found within bills, the same methods can be used to study policy substance across many research domains.     

Human Capital and Administrative Burden: The Role of Cognitive Resources in Citizen-State Interactions

One means by which the state reinforces inequality is by imposing administrative burdens that loom larger for citizens with lower levels of human capital. Integrating insights from various disciplines, this article focuses on one aspect of human capital: cognitive resources. The authors outline a model that explains how burdens and cognitive resources, especially executive functioning, interrelate. The article then presents illustrative examples, highlighting three common life factors—scarcity, health problems, and age-related cognitive decline. These factors create a human capital catch-22, increasing people's likelihood of needing state assistance while simultaneously undermining the cognitive resources required to negotiate the burdens they encounter while seeking such assistance. The result is to reduce access to state benefits and increase inequality. The article concludes by calling for scholars of behavioral public administration and public administration more generally to incorporate more attention to human capital into their research.