Invitation or Ambush: The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing

The policyholder's “duty to cooperate” is built into every liability insurance policy, either expressly or through the application of a state's common law. The scope of an insured's duty to cooperate is often difficult to discern, however, in terms of the type and extent of information that the insured should provide as part of the insurer's investigation of the underlying matter for which coverage is being sought. Traditionally, the duty to cooperate was intended to encourage information sharing to allow the insurer to afford the policyholder a comprehensive, informed defense to the underlying claimant's allegations. This article examines the scope of the duty to cooperate and how that duty impacts the insured's obligation to share some reasonable amount of information as part of the insurer's investigation and defense of the underlying claim, noting potential pitfalls and risks that may arise from information sharing.     

Congressional Activism in the Foreign Policy Arena: A Case Study of the 1994 Rwandan Genocide

This article analyzes congressional activism during an international crisis. Using the 1994 Rwandan genocide as a case, this study explores executive–congressional relations during a time when immediate policy responses are needed. A content analysis of policy statements made during committees, on the House floor, and on the Senate floor is used to investigate the specific policy ideas proposed by members of Congress. The models presented pay particular attention to the actions of Congressional Black Caucus (CBC) members, in relation to other more common predictors of congressional activism. In addition to the results for CBC members, other conclusions indicate that foreign policy leaders in Congress are international affairs policy experts without serious concerns of being defeated in their next election.     

Public and elite opinion on international human rights law: Completing the causal chain of the domestic compliance mechanism

Why do states comply with international human rights law? Scholars have looked to domestic politics to suggest a constituency-driven domestic compliance mechanism. However, it is unclear if strong public support for compliance leads to greater willingness to comply among elected officials. This study is the first to empirically demonstrate the complete causal chain of a constituency-driven domestic compliance mechanism. Using a survey experiment, this study first finds that a strong state commitment to UN Norms on the Responsibilities of Transnational Corporations (RTNC) increases public support for compliance. Using a parallel lab-in-the-field experiment of sitting legislators, the study then finds that a strong state commitment to RTNC is similarly associated with increased elite support for compliance. Finally, the study finds that public demand for compliance is associated with even greater elite support for compliance. Public demand for compliance seems to elicit elite willingness to comply by raising reputational concerns.     

Opinion Backlash and Public Attitudes: Are Political Advances in Gay Rights Counterproductive?

One long‐recognized consequence of the tension between popular sovereignty and democratic values like liberty and equality is public opinion backlash, which occurs when individuals recoil in response to some salient event. For decades, scholars have suggested that opinion backlash impedes policy gains by marginalized groups. Public opinion research, however, suggests that widespread attitude change that backlash proponents theorize is likely to be rare. Examining backlash against gays and lesbians using a series of online and natural experiments about marriage equality, and large‐sample survey data, we find no evidence of opinion backlash among the general public, by members of groups predisposed to dislike gays and lesbians, or from those with psychological traits that may predispose them to lash back. The important implication is that groups pursuing rights should not be dissuaded by threats of backlash that will set their movement back in the court of public opinion.     

Buddhism,Mindfulness, and Transformative Politics

This article examines whether the American cultural phenomena of the practice of Buddhism or the Buddhism-derived technique of mindfulness are likely to be helpful to the political left. It summarizes the central teachings of the ancient Buddhist texts, with particular focus on the issues of mindfulness and politics. It also reviews the political history of Buddhist countries. The author argues that although modern Buddhism has shed its historical embrace of absolutist monarchy in favor of republicanism, and although there is some ideological overlap between Buddhism and the American Left, Buddhism in America is too small a movement for it to be of much significance for progressive politics. Mindfulness appears to be capable of becoming a much larger phenomenon, but its separation from its Buddhist origins makes it also unlikely to be strategically important for the Left.