Literal Meaning: Semantics and Narrative in Biblical Law and Modern Jurisprudence

The modern conception of the ``Rule of Law'' entails government bylaw not men, and takes law to consist in rules known in advance. Thislatter characteristic assumes that, for the most part, the meaningof such rules is unproblematic (Hart's ``core of settled meaning''), this usually being understood as a function of ``literal meaning''.A quite different model exists in the Bible: the early rules display``oral residue'', and their meaning, I argue, is constructed in``narrative'' rather than ``semantic'' terms: instead of asking:``what situations do the words of this rule cover?'', we shouldinquire: ``what typical situations do the words of this rule evoke?''.Moreover, courtroom adjudication was not the norm, and its originalform was not based upon the application of written rules but ratherupon judicial discretion taken to have been divinely inspired. Isuggest that modern jurisprudence still retains traces of such earlierconceptions, in its account of modern law: despite their differences, both Hart and Fuller make use of narrative constructions of meaning,and Kelsen ultimately prefers the authority of the judge to the correctness of the rule he purports to apply.

     

Technology Acquisition by Terrorist Groups: Threat Assessment Informed by Lessons from Private Sector Technology Adoption

Because of the importance of technology to the operations of modern terrorist groups, the factors that affect the technological sophistication of extreme organizations are of great interest. In this article, the process through which terrorist groups seek out and deploy new technology is examined by bringing to bear the deep literature that exists on technology adoption by commercial organizations. A framework is described that delineates not only the factors that influence a group's decision-making processes surrounding new technology but also the obstacles that stand in the way of the successful absorption and use of unfamiliar technologies by a terrorist organization. This framework, by taking a holistic view of the entire technology adoption process, sets out a methodology to both more reasonably predict the outcome of a group's technology-seeking efforts and to speculate about its future innovation efforts. Such a technology focused viewpoint provides a route to more fully inform risk assessment, especially with regard to the low probabilityhigh consequence technologies that have served as the focus of much recent counterterrorist deliberation. The lessons provided by the framework with respect to weapons of mass destruction terrorism and to novel counterterrorist routes are discussed.     

The business of bribery: Globalization, economic liberalization, and the “problem” of corruption

This paper is intended as a critical response to the emerging consensus within both academic and policy literatures that we are currently facing an epidemic of corruption which threatens to undermine the stability of economic and political development on both a national and global scale, and which requires both immediate and wide-ranging policy interventions. Based on a review of the publications and policy statements of the leading anti-corruption crusaders — namely the OECD, the IMF, and the World Bank — it will be argued that the recent concern with corruption is attributable, not to any substantive increase incorrupt practices, but rather, to the re-framing of corruption in light of broader shifts and transformations within the global economy. This revised version was published online in July 2006 with corrections to the Cover Date.     

Alachua free‐net: Looking for the First Amendment at one outpost on the information highway*

Many communities are developing civic computer networks to provide citizens with free access to local information resources and the Internet. However, most networks restrict both commercial speech and any language deemed “objectionable.”; Whether such broad discretionary power violates the First Amendment depends on whether the networks are state actors. An examination of one such network, Alachua Free‐Net, reveals a close symbiotic relationship between the network and several local government entities. Symbiotic relationships between the state and a private party in other contexts have been held by the courts to constitute state action. Thus, Alachua Free‐Net appears to be a state actor and must conform its speech restrictions to the requirements of the First Amendment. Moreover, whether state actors or not, civic computer networks such as Alachua Free‐Net should commit themselves to providing full First Amendment freedoms to their users.     

Rifling Through the Terrorists’ Arsenal: Exploring Groups’ Weapon Choices and Technology Strategies

In terrorist operations, weapons technologies are the tools groups use to pursue their violent ends. Because of differences in what they can do, different weapons are useful for different types of operations. Using a random sample of terrorist incidents from the RAND-MIPT Terrorism Incident Database, this article explores (1) how terrorists in general used particular weapons technologies and (2) the variation in the technology choices of individual terrorist groups. The results demonstrate significant differences in the ways different weapons are used, in the versatility of individual technologies, and among the technology strategies of different terrorist organizations.     

Commercial speech and off-label drug uses: what role for wide acceptance, general recognition and research incentives?

This article provides an overview of how the constitutional protections for commercial speech affect the Food and Drug Administration's (FDA) regulation of drugs, and the emerging issues about the scope of these protections. A federal district court has already found that commercial speech allows manufacturers to distribute reprints of medical articles about a new off-label use of a drug as long as it contains disclosures to prevent deception and to inform readers about the lack of FDA review. This paper summarizes the current agency guidance that accepts the manufacturer's distribution of reprints with disclosures. Allergan, the maker of Botox, recently maintained in a lawsuit that the First Amendment permits drug companies to provide "truthful information" to doctors about "widely accepted" off-label uses of a drug. While the case was settled as part of a fraud and abuse case on other grounds, extending constitutional protections generally to "widely accepted" uses is not warranted, especially if it covers the use of a drug for a new purpose that needs more proof of efficacy, and that can involve substantial risks. A health law academic pointed out in an article examining a fraud and abuse case that off-label use of drugs is common, and that practitioners may lack adequate dosage information about the off-label uses. Drug companies may obtain approval of a drug for a narrow use, such as for a specific type of pain, but practitioners use the drug for similar uses based on their experience. The writer maintained that a controlled study may not be necessary to establish efficacy for an expanded use of a drug for pain. Even if this is the case, as discussed below in this paper, added safety risks may exist if the expansion covers a longer period of time and use by a wider number of patients. The protections for commercial speech should not be extended to allow manufacturers to distribute information about practitioner use with a disclosure about the lack of FDA approval. Distributions of information about unapproved uses should not be acceptable unless experts consider the expanded use to be generally recognized as safe and effective based on adequate studies. The last part of this paper considers the need to develop better research incentives to encourage more testing and post-market risk surveillance by drug makers on off-label uses of their drugs. Violations of the Federal Food Drug and Cosmetic Act (FFDCA) can be considered violations of the False Claims Act, which opens the way to fraud and abuse suits. The scale of penalties involved in these suits may lead to more examination of the scope of FDA regulation and commercial speech protections. Thus this symposium's consideration of these issues is timely and important.     

Competing Ontologies: A Primer for Public Administration

A growing number of public administration theorists are taking up the question of ontology—the nature of existence. This primer on the topic provides a basic explanation of ontology, describes the fundamental debates in the competing ontologies of Western philosophy, and discusses why ontology is important to social and political theory, as well as to public administration theory and practice. Using an ideal‐type approach, the author analyzes how different ontologies imply particular political forms that undergird public administration theories and practices. This ideal‐type model can be used to identify the ontological assumptions in these theories and practices. The article concludes with an invitation for personal reflection on the part of scholars and practitioners in regard to which ontology best fits their experience and beliefs and the alternatives that we might pursue for a better future.