How American Commercial Bail Developed Differently from Other Common Law Countries

Outside the United States those countries sharing the common law tradition are pervasively hostile to commercialization of the bail process, whereas in the United States it is the typical approach. In some jurisdictions payment for bail is a crime; in others it is simply obstructed by various civil legal disabilities. How the American branch of the common law heritage came to deviate so strikingly from the rest on the matter of commercial bail is the topic of this article.

Beginning in the second half of the nineteenth century, courts principally in Ireland, England, and India began to act against payment to bail sureties on the concept that any indemnification of them—even partial—undermined their reliability. Irish courts took the approach that indemnified potential sureties were unreliable and should be rejected by courts. Where all potential sureties were indemnified, bail should be denied. In England courts declared agreements to indemnify sureties illegal contracts contrary to public policy, which would not be enforced by courts. While India took up the refinement of this position, England went on to declare agreements to pay bail sureties to be criminal conspiracies.

Meanwhile in the United States a circumscribed version of the position that indemnification contracts were against public policy—and therefore illegal and unenforcible—actually gained acceptance between 1870 and 1912. In 1912, however, Justice Holmes in Leary v. U.S. renounced the common law concept of bail sureties in favor of an “impersonal and wholly pecuniary” view. This terminated the anti-indemnification movement. Courts soon noted the detrimental effects of commercialism on bail.     

Hostage negotiation in Costa Rica

This article compares legal and procedural constraints that operate on United States and Costa Rican hostage negotiations. In an effort to better understand the Costa Rican police system, comparisons are drawn between United States law enforcement agencies, United States military services and the Costa Rican police system. The introductory material lays the foundation for a discussion of hostage negotiation as it is practiced in Costa Rica prior to and after hostage negotiation training.     

Generational Transmission of Collective Memory about Tiananmen in Hong Kong: how young rally participants learn about and understand 4 June

This article addresses the problem of generational transmission of collective memory in Hong Kong about the 1989 Tiananmen Square incident. It focuses on the young participants in the annual 4 June commemoration rallies and examines the process of mnemonic socialization that brought them into the community of 4 June commemoration. Drawing upon a rally onsite survey and in-depth interviews, this study found that many young people went through a dynamic process of gradual discovery in which various social institutions—school, family and media—played complementary roles. Their understanding of Tiananmen tended to be simplified and essentialized. Yet the loss of details through essentialization has arguably allowed them to uphold a clear-cut moral judgment regarding the event and dismiss certain memory-blurring discourses straightforwardly.     

Repositioning American Public Administration? Citizen Estrangement,Administrative Reform,and the Disarticulated State

Levels of citizen estrangement from government in the United States have risen rather consistently since the late 1960s and have reached all‐time highs in recent years. Evidence is accumulating in political science research to suggest that public administrative theory may have contributed to this trend since the Progressive Era in the early 1900s. The authors develop this thesis by arguing that administrative theory in the United States has persistently portrayed public managers as “bridge builders” who link an expertise‐challenged citizenry to government in ways that emphasize bureaucratic over democratic administration. Moreover, despite claims of yet another “new” paradigmatic shift for the field, collaborative governance scholarship to date exhibits similar tendencies. To support this argument, the authors assess the common citizen‐marginalizing tendencies of three sets of administrative reforms in American public administration: the progressive, associationalist, and polycentric heritages. They offer counterarguments to this thesis and call for critical self‐reflection by the field and a more empirically robust research agenda on this topic.     

The illusory leader: natural resources, taxation and accountability

This paper proposes and tests a mechanism through which natural resources can affect democracy. I posit that, in the presence of high natural resource rents, leaders lower the burden of taxation on citizens in order to reduce the demand for democratic accountability. The theory is corroborated using micro-level data from public opinion surveys across 15 sub-Saharan countries, in addition to country-level data on natural resource rents. Results are robust to a range of alternative specifications. A supplementary analysis reveals that, consistent with the two-period model proposed, the effects are more acute closer to national elections.     

Changing Values among Western Publics from 1970 to 2006

In 1971 it was hypothesised that intergenerational value changes were taking place. More than a generation has passed since then, and today it seems clear that the predicted changes have occurred. A large body of evidence, analysed using three different approaches – (1) cohort analysis; (2) comparisons of rich and poor countries; (3) examination of actual trends observed over the past 35 years – all points to the conclusion that major cultural changes are occurring, and that they reflect a process of intergenerational change linked with rising levels of existential security.     

Regional prosperities compared: Massachusetts and Baden-Württemberg in the 1980s

This article compares the relationship between economic development and public policy in two of the most prosperous regions of the 1980s: Massachusetts in the United States and Baden-Württemberg in West Germany. Beginning with a critique of the theory of the product life-cycle, the article examines the rise and fall of traditional industries in Massachusetts and their survival in Baden-Württemberg. It then goes on to consider the rise–but also the vulnerability–of the high-tech and financial firms in Massachusetts, as well as the more robust, though almost invisible growth of these sectors in Baden-Württemberg. The burden of the argument is that there are, strictly speaking, no ‘mature’ industries and public policies aimed at stimulating innovation are most successful when the latter is integrated into the local industrial structure as a whole rather than isolated into a distinct high-tech sector.     

Accounting for ideas: Bringing a knowledge economy into the picture

Abstract

Over the past 15–20 years, the margins of industrial classifications, corporate balance sheets and GDP have been altered to capture knowledge as a new category of value. This has resulted in the institutionalization of categories such as an information economy (1997), intangible assets (2001) and, most recently, a knowledge-adjusted GDP (2013) in these calculating technologies. By harnessing knowledge as a manageable and valuable object, these shifts are responding but also contributing to the concept of a knowledge economy. This paper investigates the conditions necessary to anchor these new categories of value. The analysis attends not only to the changing rules and regulations, but also to the rhetorics of visibility/invisibility, materiality/immateriality, and measurability/immeasurability used to make a case for these transformations.     

The formation of an ‘Islamic sphere’ in French Colonial West Africa

One of the most unintended consequences of colonial rule in French West Africa was the Islamization of large parts of it. Islamic movements have often been interpreted in specifically plitical terms, as instances of ‘collaboration’ with or ‘resistance’ to colonial domination. They can better be understood in terms of the emergence of a qualitatively new ‘Islamic sphere7rsquo; conceptually separate from ‘particular’ affiliations such as ethnicity, kin group membership or salve origins, as well as from the colonial state. This paper considers two cases in detail: the Hamawiyya, a branch of the Tijani Sufi order whose leader was exiled by the French and which was brutally repressed in the 1940s; and the ‘Wahhabiyya’, an anti-Sufi movement which emerged after World war II.