The politics of judicial discretion: Rethinking the interaction between national courts and the Eurpean court of justice

The recognition that courts play a significant role in the process of European integration has focused attention on the interaction between national judges and the European Court of Justice. The prevailing theoretical model of this interaction holds that a variety of incentives impel national judges to co‐operate with the ECJ by providing it with frequent preliminary references. This article tests the ability of the model to account for the behaviour of national courts during the period 1972–94. In assessing the utility of the model two central claims are made. First, that the model as currently constructed is incapable of explaining the patterns of references originating from various member states, particularly the consistent lack of references from British courts. Second, that the level of British references, and patterns of judicial co‐operation in general, can be better understood by questioning the model's core assumption ‐ that national judges face powerful incentives to refer to the ECJ. As a first step in this direction, the article examines how the discretion to make or withhold references bestows on national judges the power to hasten or retard the pace of integration as well as to influence specific policy outcomes.     

The Fate of an Orphan: The Hawley Board and the Debates over the Postwar Organization of Medical Intelligence

The US Army's medical intelligence program developed during World War II to meet the requirements for information on the medical threat facing soldiers deployed in the first truly global military conflict. The war served as a proving ground for the application of medical intelligence on a strategic, operational and tactical level. However, hasty postwar demobilization decimated many wartime intelligence programs, including medical intelligence. The US intelligence community recognized the utility of medical intelligence as part of the overall strategic scientific and technical intelligence program and sought ways to rebuild the program. During the post-World War II debates over the unification of the military services and the responsibilities of the nascent CIA, the ‘Hawley Board’ was one of several committees which studied the problems facing the medical intelligence program. Although there was broad consensus on the need for better coordination of medical intelligence, the intelligence community ultimately failed to adopt the recommendations of the Hawley Board. The principal reasons behind the failure of the Hawley plan were the re-emergence of prewar interservice rivalries, the dominant role of the Army medical intelligence program, and the lack of a joint military–CIA vision of a centralized medical intelligence service.     

Navya-nyāya in the Late Vijayanagara Period: Appaya Dīkṣita’s Revision of Gaṅgeśa’s īśvarānumāna

Journal of Indian Philosophy - In his celebrated treatise of Navya-nyāya, the Tattvacintāma?i, Ga?ge?a offers a detailed formulation of the inference of God’s...     

Knowledge flows between universities and industry: the impact of distance,technological compatibility,and the ability to diffuse knowledge

The Journal of Technology Transfer - This paper uses citations to university-issued patents to investigate the knowledge flow from 91 US research universities to businesses assigned to...     

Open Societies and Closed Minds

Karl Popper’s equation of the closed society with tribalism is reviewed and modified. The German origins of the anthropological concept of culture and its related ideas of the folk culture and cultural relativism are explored. The vicissitudes of the idea of The Folk and its swing from Right to Left are related to contemporary neo-primitivism. The open society and high culture are defended.