Military Base Closures and the 1996 Congressional Elections

This article examines the extent to which changes in distributional benefits influence congressional election outcomes. Although conventional wisdom holds that a direct link exists between distributional benefits and electoral outcomes (Mayhew 1974b), recent evidence suggests that this link only exists under certain circumstances (Stein and Bickers 1994). In this article, I use 1995 military base closures to test the nature of the relationship. Contrary to recent research on the politics of pork barreling, my findings indicate support for a direct relationship between major base realignments and closures and House electoral outcomes. Specifically, major realignments and closures significantly decreased first‐year Democrats' vote margins in the 1996 House elections.     

Natural Law and the Bhagavad-Gita: The Vedic Concept of Natural Law

Abstract. Western natural law theory emphasises the derivation of principles of right action said to be universal and objective from the application of practical reasonableness to the pursuit of basic human goods that are self‐evident or based on human nature. Critics say its methodology is inherently subjective. In contrast, the Vedic approach to natural law of the Bhagavad‐Gita emphasises the full development of a universal aspect of human nature—consciousness—to promote right action. A healthy person with a developed intellect, clear mind, balanced emotions and full perception is best placed to fulfil his or her society's highest ideals of ethical and lawful conduct. The Vedic approach advocates a supportive social environment and the use of meditation techniques to promote such development. Research has found that the Transcendental Meditation (TM) program promotes improvement in mind, body and behaviour. For example, offenders in Australia, the United States and Senegal practising the technique experienced decreased substance abuse and recidivism and improved wellbeing. From a scientific perspective, TM promotes these improvements by producing a unique psychophysiological state of restful alertness that dissolves stress that blocks the unfoldment of full potential in life.     

Der Begriff der „Landeskultur“ im deutschen Recht

Der Begriff der Landeskultur umfasst alle Maßnahmen zur Verbesserung der land- und forstwirtschaftlichen Nutzung des Bodens einschließlich der Erhaltung der Kulturlandschaft. Landeskultur ist somit alles Planen und Handeln mit dem Ziel, die Umwelt als gegebenes Naturraumpotential, insbesondere Wasser, Boden, Luft und die dazugehörigen Natur-, Kultur- und Sachgüter optimal zu erhalten, gestalten und rationell zu nutzen sowie dieses Potential mit bestmöglicher Qualität als natürliche und kulturelle Lebensgrundlage für die Allgemeinheit nachhaltig zu sichern. Landeskultur dient somit auch der Belebung und Werterhöhung der gebauten und gepflanzten Umwelt. Dies schließt auch und gerade die kulturelle Seite einschließlich Kulturlandschaften mit ein. Dabei ist es bis zur Überprüfung durch das BVerfG noch hinnehmbar, dass der Begriff „Landeskultur“ in Art. 89 Abs. 3 GG wegen der Mischkompetenz von Bund und Land vom BVerwG enger ausgelegt wird als in anderen Rechtsvorschriften.     

Moral Rights,Judicial Review,and Democracy: A Response to Horacio Spector

Law and Philosophy -     

Who Owns Your Body? A Patient''s Perspective on Washington University v. Catalona

Washington University v. Catalona revolves around ownership of tissue samples provided by patients for research purposes, raising significant ethical and legal questions concerning patient rights, current human research practices, and the treatment of samples as capital resources by the research institution.     

The Social Conditions for Nanomedicine: Disruption, Systems, and Lock-in

Here we consider two ways that nanomedicine might be disruptive. First, low-end disruptions that are intrinsically unpredictable but limited in scope, and second, high end disruptions that involve broader societal issues but can be anticipated, allowing opportunity for ethical reflection.     

The origin and functioning of the family advocate system

This synoptic article focuses on the origin and functioning of the Office of the Family Advocate as the protector of the interests of minor children in divorce cases. Attention is paid to the general contemporary trend to specialise in judicial decision-making that developed out of an increasing need for expertise in the administration of justice. A number of arguments for and against judicial specialisation are addressed. The origin of the Office of the Family Advocate within the South African judicial system is discussed and a brief exposition of the history of divorce legislation in South Africa is given. This is followed by attention to the functioning of the Office of the Family Advocate with reference to the process followed in investigations of this office and points of criticism against the system are highlighted. The article closes with an indication of the need for research in this regard and possible focus points for future research are identified.     

Fraud: The Characteristic Crime of the Twenty-First Century

In the same way that larceny characterized much of twentieth century, fraud will likely characterize the twenty-first century. Larceny remains the most common oi all serious crimes, but fraud may overtake larceny as the crime of choice in the future, because of changes in our ownership, storage, and movement of property. Fraud involves purposely obtaining the property of another through deception, and its popularity as a crime of choice is growing. Entrusting property to the custody oi others, storing property at remote locations, and electronic movement of property are shown to be major changes in the way we treat property and increase opportunities for theft. The connection between fraud and many of the serious crimes of the twenty-first century are shown in the facts of recent cases. The motivation of thefl behind many frauds is also shown to be used to fund larger criminal objectives, such as illegal immigration and terrorism. The points of view expressed are those of the author and do not necessarily reflect the position or policies of the U.S. Department of Justice. Dr. Albanese is chief of the International Center at NIJ on leave from his position as professor of Government and Public Affairs at Virginia Commonwealth University.     

Logical evaluation of evidence when a person is suspected of committing two separate offences.

We consider the problem of drawing inferences within a legal framework when a person is a suspect for two separate offences. Although we are primarily concerned with scientific evidence the issue inevitably arises as to how that evidence interacts with other, non-scientific evidence. We show that, in this particular context, the evidence can be conveniently classified into three categories that concern, respectively: the first crime only; the second crime only; and evidence that relates to similarities between the two crimes. Two case examples are considered and we consider DNA, fibres and eyewitness evidence. These are viewed from the perspective of a prosecutor who has to decide whether or not to charge a suspect with one or both crimes. Graphical sensivity analyses are presented which have features that are not intuitively obvious.     

NO COMMUNITY IS AN ISLAND: THE EFFECTS OF RESOURCE DEPRIVATION ON URBAN VIOLENCE IN SPATIALLY AND SOCIALLY PROXIMATE COMMUNITIES*

The link between resource deprivation and urban violence has long been explored in criminological research. Studies, however, have largely ignored the potential for resource deprivation in particular communities to affect rates of violence in others. The relative inattention is notable because of the strong theoretical grounds to anticipate influences that extend both to geographically contiguous areas and to those that, though not contiguous, share similar social characteristics. We argue that such influences—what we term spatial and social proximity effects, respectively—constitute a central feature of community dynamics. To support this argument, we develop and test theoretically derived hypotheses about spatial and social proximity effects of resource deprivation on aggregated and disaggregated homicide counts. Our analyses indicate that local area resource deprivation contributes to violence in socially proximate communities, an effect that, in the case of instrumental homicides, is stronger when such communities are spatially proximate. We conclude by discussing the implications of our findings for theories focused on community‐level social processes and violence, and for policies aimed at reducing crime in disadvantaged areas.